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Res 2010-170
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Res 2010-170
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Last modified
1/22/2015 4:24:33 PM
Creation date
11/26/2010 11:13:57 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2010-170
Date
11/1/2010
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until such Cure occurs. Except as provided under Section 8.01, upon a Cure by PrimeForm, the <br />Grant Payments shall automatically and immediately resume except, any Grant Payments <br />withheld by the City for any years during which PrimeForm is not in compliance shall be <br />deemed forfeited by PrimeForm and the City shall at no time be liable for later payment of such <br />Grant Payments. The Term shall not be extended as a result of any cure period under this <br />section. <br />Section 8.04. Remedies. Upon breach of any obligation under this Agreement, in <br />addition to any other remedies expressly set forth in this Agreement with respect to such breach, <br />the aggrieved party shall have such remedies as are available in law or equity for breach of <br />contract; provided, however, that no party shall be liable to any other party for incidental or <br />consequential damages. Notwithstanding the foregoing, the City, in entering this Agreement <br />does not waive its immunity from suit or any other limitations on its liability, contractual or <br />otherwise, as granted by the Texas Constitution or applicable laws of the State of Texas. <br />Section 8.05. Offset. The City may deduct from any Grant Payments, as an offset, any <br />delinquent and unpaid fees, sums of money or other fees, charges or taxes assessed and owed to <br />or for the benefit of the City. <br />Section 8.06. Force Majeure. Means an event beyond the reasonable control of a party <br />obligated to perform an act or take some action under this Agreement including, but not limited <br />to, acts of God, earthquake, fire, explosion, war, civil insurrection, acts of the public enemy, act <br />of civil or military authority, sabotage, terrorism, floods, lightning, hurricanes, tornadoes, severe <br />snow storms or utility disruption, strikes, lockouts, major equipment failure or the failure of any <br />major supplier to perform its obligations. <br />
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