Res 2011-142 - Laserfiche WebLink

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E. Applicable Laws. This Agreement shall be construed in accordance with the laws of the State of Texas. All obligations hereunder are performable in Hays County, Texas, and venue for any action arising hereunder shall be in Hays County, Texas. F. Authorization; Funding. Each party hereto acknowledges and represents that his Agreement has been duly authorized by its respective governing body, and that funding from each party for the performance of this Agreement will be provided from current revenues available to the parties. G. Notices. 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 address/fax numbers: City- City Manager City of San Marcos 630 East Hopkins Street San Marcos, Texas 78666 Hays Cooly Hays County Judge Hays County Courthouse 111 E. San Antonio St., Ste. 300 San Marcos, Texas 78666 H. Non - Waiver. Failure of any party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. I. Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or the Reinvestment Zone or any officer, agent or employee of the County. J. No Waiver of Immunity. No party hereto waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. K. Third Party Beneficiary. The parties agree that Developer and its successors and assigns shall have the right to enforce as a third party beneficiary Section 2.A. against the County for any breach of its contractual obligations thereunder, as well as Section 53. and this Section 5.K.