Res 2003-158 - Laserfiche WebLink

Home Browse Search

The !!eneralliabilitv insurance covera!!e required by this Aereement shall be written with the City of San Marcos. Texas. as additional insured. The stated limits of insurance required are minimum only, and it shall be Lessee's responsibility to determine what limits are adequate. These minimum limits may be basic policy limits or any combination of basic limits and umbrella limits. In any event, the Lessee is fully responsible for all losses arising out of, resulting from or connected with operations under this Agreement whether or not the losses are covered by insurance. 16. Miscellaneous: a. The Lessee may, with written notice to the Lessor, assign this Agreement to the Lessee's principal, an affiliate or subsidiary of its principal, or to any entity which acquires all or substantially all of Lessee's assets in the market defined by the Federal Communications Commission in which the Leased Premises is located by reason of a merger, acquisition or other business reorganization. As to other persons or entities, the Lessee shall have the right to assign this Agreement with Lessor's consent, provided that the assignee assumes in full all of Lessee's obligations under the Agreement. Lessee may also mortgage or grant a security interest in this Agreement and in its facilities maintained under this Agreement, with written notice to Lessor. This Agreement shall apply to and be binding upon the parties, and upon their respective successors in interest and legal representatives. This Agreement, including referenced attachments, constitutes the entire Agreement between the Lessor and the Lessee on this subject and supersedes all other proposals, presentations, representations, and communications, whether oral or written, between the parties. This Agreement shall be governed by the laws of the State of Texas. This Agreement is to be perfonned in Hays County, Texas, and exclusive venue for any legal dispute arising under this agreement shall be in Hays County, Texas. The City's execution of and performance under this Agreement will not act as a waiver of any immunity of the City to suit or liability under applicable law. The parties acknowledge that the Lessor, in executing and performing this Agreement, is a governmental entity acting in >a governmental capacity. If any clause or provision of this Agreement is illegal, invalid or unenforceable under present or future laws, this Agreement will remain in effect, and the remaining provisions will continue in force ifthey can be given effect without the invalid portion. The captions used in this Agreement are for convenience only and do not in any way limit or amplifY the terms and provisions of this Agreement. One or more waivers of any covenant, term or condition of this Agreement by either c. b. c. d. e. f. AU-1463J Ground Lease 5