Res 2001-081 - Laserfiche WebLink

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Uses, San Marcos shall give Lowman, or cause San Marcos' Permittee to give Lowman, prior written notice of the expected amount of the Excavation Material. Such mitten notice shall be given to Lowman by sending the notice by registered or certified U.S. mail, return receipt requested, to Lov.man, c/o Albert T. Lo\ltIDan, at the address for Lowman set forth in the first paragraph of this Agreement, or to such other address of which LoVvIDan shall previously have given to San Marcos by written notice given by the same means addressed to San Marcos attention of the City Manager, at the address for San Marcos set forth in the first paragraph of this Agreement. Lov.-man shall have 15 days following the date such notice is given in which to notify San Marcos in writing that LoVv1TIan elects to have the Excavation Material transported, v.ithout cost or expense to San Marcos or any Permittee which seeks to remove such Material under a Pennit issued by San Marcos, to a location or locations acceptable to Lowman and at a time acceptable to San Marcos. In the event Lowman does not timely make such election, San Marcos or any Permittee which seeks to remove such Material under a Permit issued by San Marcos, 'Vvithout cost or expense to Lowman, may remove and dispose of the Excavation Material, or cause the removal and disposal of the Excavation Material, in a manner and to a location (other than any of the Lov.man Adjoining Land or the Easement Area) selected by San Marcos or the Permittee seeking to remove such Material. Neither San Marcos nor its Permittee shall be obligated to reimburse Lowman for the value of any Excavation Material that is so removed. In the event that the Easement Area shall become owned by more than one person, whether severally or jointly, the obligations of San Marcos or its Permittee under this paragraph shall only require that it give one notice to all owners of the Easement Area c/o the one person which all such owners shall have notified San Marcos theretofore is to be the sole person to receive notices to Lowman under this paragraph. San Marcos and its Permittees may rely, without investigation or review of title, on any notice delivered to San Marcos purporting to be notification to San Marcos of the owners of the Easement Area and the designated notice address. 5. Subject to the limitations stated in Paragraph 10 below, in the event of a default by Lowman or San Marcos, the non-defaulting party may enforce compliance with the particular matter in respect to which the default was made, by injunctive relief or otherwise, or for the collection of any sums, debts, damages, costs or expenses in default or arising from any such default together with interest thereon from the date such sum is incurred or paid at the lesser of (i) the sum of the prime rate of Bank of America, Texas, N.A., or its successor, from time to time in effect, plus 2% per ann~ or (ll) the maximum lawful rate of interest that may be charged, taken and received by the non-defaulting party under applicable law. The prevailing party in any legal proceeding brought under or in connection with this Agreement shall be additionally entitled to recover court costs and reasonable attorney fees, and H:\T~ El.semenl4-lO-Ol.wpd 5