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Res 2005-073
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Res 2005-073
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Last modified
2/1/2008 10:10:17 AM
Creation date
2/22/2006 1:56:08 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2005-73
Date
6/7/2005
Volume Book
162
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<br />I <br /> <br />I <br /> <br />I <br /> <br />12. Interpretation. This Agreement has been and shall be construed to have been <br />drafted by all the parties to it so that the rule concerning construing ambiguities in an agreement <br />agamst its drafter shall have no force or effect. <br /> <br />13. Cooperation. The City and the GBRA agree to cooperate with each other m <br />good faith at all times dunng the term of this Agreement in order to achieve the purpose of thIS <br />Agreement. <br /> <br />14. Entire Al!reement. This Agreement contains the entire agreement between the <br />parties and supercedes all prior understandmgs and agreements between the parties regardmg the <br />subject and purpose of this Agreement. Neither party may assign this Agreement without the <br />wntten consent of the other party. <br /> <br />15. Termination. Either party may tenninate this Agreement by givmg thirty (30) <br />days prior written notIce to the other party. If this Agreement is terminated after award of a <br />Construction Contract for both the City Project and the GBRA Project, the City shall sever the <br />GBRA Project from the Construction Contract and execute a written assignment to GBRA of the <br />City's rights and obligations under the Construction Contract with respect to the GBRA Project, <br />and GBRA shall execute a written acceptance of the assignment. For the purpose of this <br />Agreement, notice shall be gIven by sending such notIce, in writing, either by hand delivery or <br />certified mail, return receipt requested, as follows: <br /> <br />General Manager <br />Guadalupe-Blanco River Authority <br />933 East Court Street <br />Seguin, Texas 78155 <br /> <br />CIty Manager <br />CIty of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br /> <br />16. Consultation with Attorn~ In executing this Agreement, each party has <br />consulted with its own attorneys or other advisors in connection with the effect of this <br />Agreement, and each assumes the risk arising from not seeking further or additional consultation, <br />and each shall be responsible for paying any and all fees and expenses incurred by saId party, <br />including attorneys' fees. <br /> <br />17. Severability. If any provisIOn in this Agreement is held by a court of competent <br />jurisdiction to be invalid, void or unenforceable, the remaining provisions shall remain in full <br />force and effect, as if this Agreement had been executed with any such invalid provisions having <br />been included. <br /> <br />18. Captions. The captions in this Agreement are for convenience purposes only <br />and shall not be used for the purpose of interpreting this Agreement. <br /> <br />AGREEMENT <br /> <br />PAGE 4 <br />
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