Res 2005-076 - Laserfiche WebLink

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Section 7.01. It is understood and agreed between the parties that the City and Global Rock, in executing this Agreement, and in performing their respective obligations, are acting independently, and not in any form of partnership or joint venture. The City assumes no responsibilities or liabilities to any third parties in connection with this Agreement, and Global Rock agrees to indemnify, defend and hold the City harmless from any such liabilities. Section 7.02. All notices called for or required by this Agreement will be delivered to the following by certified mail, postage pre-paid, effective five days after mailing, by hand delivery or overnight delivery, effective upon delivery: Dennis Figol Global Rock Investments, Ltd. 1620 Flaming Oak Drive New Braunfels, Texas 78132 City Manager City of San Marcos 630 East Hopkins San Marcos, Texas 78666 Each party will notify the other party in writing of any change in its address. Section 7.03. Global Rock agrees not to discriminate in the leasing of space in the Building on the basis of race, creed, color, national origin, sex or disability. Global Rock agrees to include provisions in its leases for commercial space in the Building prohibiting discrimination by tenants in the provision of services or in employment practices at the Facility on the basis of race, creed, color, national origin, sex or disability. Section 7.04. In the event that the performance by a party of any of its obligations under this Agreement is interrupted or delayed by events outside of its control such as acts of God, war, riot, or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of the events. Section 7.05. No action will lie for punitive, incidental, special or consequential damages under this Agreement. Section 7.06. In the event any section, subsection, paragraph, sentence, phrase or word is held invalid for any reason, the balance of this Agreement will remain in effect and will be read as if the parties intended at all times not to include the invalid section, subsection, paragraph, sentence, phrase or word. This Agreement may be amended only by a written instrument executed by both parties. Section 7.07. This Agreement will be construed under the laws of the State of Texas. The term "will" is mandatory in this Agreement. Mandatory venue for any action under this City of San Marcos/Global Rock Economic Development Agreement Page 5 of6