Res 2010-052 - Laserfiche WebLink

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liability, contractual or otherwise, as granted by the Texas Constitution or applicable laws of the State of Texas. 5.10. Notices. Any notice, statement and/or communication required and/or permitted to be delivered hereunder shall be in writing and shall be mailed by first -class mail, postage prepaid, or delivered by hand, messenger, telecopy, or reputable overnight carrier, and shall be deemed delivered when received at the addresses of the parties set forth below, or at such other address furnished in writing to the other parties thereto: The Chamber: San Marcos Area Chamber of Commerce 202 N. CM Allen Parkway P.O. Box 2310 San Marcos, Texas 78667 Attn: President Telephone: 512.393-5900 Facsimile: 512.393.5912 The City: City of San Marcos 630 E. Hopkins San Marcos, Texas 78666 Attn: City Manager Telephone: 512.393.8101 Facsimile: 512.396.4656 5.11. Applicable Law and Venue. This Agreement is made, and shall be construed and interpreted under the laws of the State of Texas. Venue for any legal proceedings shall lie in State courts located in Hays County, Texas. Venue for any matters in federal court will be in the United States District Court for the Western District of Texas. 5.12. Severability. In the event any provision of this Agreement is illegal, invalid, or unenforceable under the applicable present or future laws, then, and in that event, it is the intention of the parties hereto that the remainder of this Agreement shall not be affected thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or provision that is found to be illegal, invalid, or unenforceable a provision be added to this Agreement which is legal, valid and enforceability and is a similar in terms as possible to the provision found to be illegal, invalid or unenforceable. 5.13. Third Parties. The City and the Chamber intend that this Agreement shall not benefit or create any right or cause of action in or on behalf of any third -party beneficiary, or any individual or entity other than the City and the Chamber, except that the indemnification and hold harmless obligations by the Chamber provided for in this Agreement shall inure to the benefit of the indemnitees named therein. 5.14. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which constitute one instrument.