Ord 2000-046 - Laserfiche WebLink

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facilities to Grande. G. Any failure of the City to enforce any provision of this Agreement in one or more instances will not be construed as a waiver of the City's right to fully enforce this Agreement after thattime. Section 14. Miscellaneous Provisions. A. Notices required by this Agreement will be provided by the parties to one another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the following addresses: To the City: City Manager City of San Marcos 630 E. Hopkins San Marcos, TX 78666 Fax: 512/396-4656 To Grande: Vice President-General Manager Grande Communications, Inc. 1801 Lavaca, Suite 115 Austin, TX 78701 Fax: 512/457-0507 If a party changes its address or facsimile number for notice purposes, it will provide written notice of the new address to the other party within 10 days. B. If any word, phrase, clause, sentence, or paragraph ofthis ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. C. If Grande is rendered unable to carry out a specific obligation under this Agreement, other than an obligation to make payments to the City, because ofa circumstance (an "uncontrollable circumstance") beyond Grande's control, such as a civil disturbance, unforeseeable material and service shortages, unavoidable casualty, labor dispute, severe weather, or other similar event, or an order, decree, rule or regulation of any court or government body having jurisdiction over Grande, or any mandates imposed by the City which have the effect of rendering Grande unable to perform under the terms of this Agreement, Grande will give prompt written notice to the City of the uncontrollable circumstance and the obligation involved, and the obligation will be suspended during the period of the uncontrollable circumstance. D. This Agreement will be in effect from and after its passage by the City Council of San Marcos, publication of notice its adoption in a newspaper of general circulation in the City as required by the City Charter and the filing of acceptance by Grande with the City Clerk. E. Grande will have 60 days after the date of the publication of notice of adoption of this ordinance to file its written acceptance with the City Clerk. The written acceptance will be in the form attached as Exhibit A. PASSED AND APPROVED on first reading on April 10, 2000. PASSED AND APPROVED on second reading on April 24, 2000. PASSED, APPROVED AND ADOPTED on May 22, 2000. /)t!lAq ~. David Chiu, Mayor ST: tJ /~ 1l/}/jA; sfi0tiJJ.fIlA) Janis K. Womack, City Clerk APPROVED: C:\TEMP\Grande Franchise final. doc 9