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Res 2002-072
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Res 2002-072
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Last modified
6/26/2006 9:08:43 AM
Creation date
6/26/2006 9:07:53 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2002-72
Date
4/8/2002
Volume Book
147
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<br />12.1 Any party to this Agreement who prevails in any legal proceedings between the <br />parties regarding this Agreement will be entitled to recover court costs and reasonable <br />attorney's fees from the non-prevailing party. <br /> <br />ARTICLE 13 <br />VENUE AND LEGAL REMEDIES <br /> <br />13.1 This Agreement is governed by the law of the State of Texas. Exclusive venue for <br />any dispute arising under this Agreement is in Hays County, Texas. <br /> <br />13.2 All obligations of the parties created in this Agreement are performable in Hays <br />County, Texas. The parties hereby consent to personal jurisdiction in Hays County, Texas. <br /> <br />13.3 In addition to any other remedy available by law, it is specifically provided that either <br />party may enforce this Agreement by specific performance in a court of competent <br />jurisdiction. <br /> <br />13.4 The Subrecipient will notify the City whenever a problem arises that may lead to <br />legal action or claim against the Subrecipient. The Subrecipient agrees to furnish to the <br />City any information with respect to such action or claim. The Subrecipient will not take <br />any action with respect to any legal action or claim sought against the Subrecipient without <br />the advice and consent of the City. <br /> <br />ARTICLE 14 <br />SUCCESSORS AND ASSIGNS <br /> <br />14.1 The City and Subrecipient, respectively, bind themselves, their successors, assigns <br />and legal representatives to the other party to this Agreement and to the successors, <br />assigns and legal representatives of the other party with respect to all covenants of this <br />Agreement. Neither the City nor the Subrecipient will assign, sublet, or transfer any <br />interest in this Agreement without the written consent of the other. <br /> <br />ARTICLE 15 <br />NOTICE <br /> <br />15.1 Except as may be otherwise specifically provided in this Agreement, all notices, <br />demands request or communications related to non-compliance issues required or <br />permitted hereunder shall be in writing and shall either be (i) personally delivered against <br />a written receipt, or (ii) sent by registered or certified mail, return receipt requested, <br />postage prepaid and addressed to the parties at the addresses set forth below, or at such <br />other addresses as may have been theretofore specified by written notice delivered in <br />accordance herewith: <br /> <br />9 <br />
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