Res 2006-016 - Laserfiche WebLink

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~k Vvl Fe iiEii2441~ OFFi 24411 ~,i~5 9.7.4. Joint Responsibility. In the negligence of both JQH and the City, responsibility apportioned compazatively in accordance with the lave waiving any defenses available to the Parties). event of joint and concurrent and indemnity, if any, shall be of the State of Texas (without 9.7.5. No Third Party Beneficiaries. The provisions of this Section 9.7 are solely for the benefit of the Parties hereto and are not intended to create or grant any rights, contractual or otherwise to any third person or entity. 9.7.6. Survival. The entirety of this Section 9.7 shall survive the termination of this Agreement. 9.8. No Joint Venture. It is acknowledged and agreed by and among the Parties that the terms hereof aze not intended to, and shall not be deemed to, create any partnership or joint venture among the Parties. The City, past, present and future officers, elected officials, employees and agents of the City do not assume any responsibilities or liabilities to any third party in connection with the development, design, construction or operation of any of the improvements contemplated by this Agreement. In addition, JQH acknowledges and agrees that there shall be no recourse against any of the aforesaid parties, none of whom will incur any liability in respect to any claims based upon or relating to the Agreement. 9.9. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when given in writing and delivered personally or when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to the party at the following addresses: If intended for the City: With Copies to: Attn: City Manager Attn: City Attorney City of San Mazcos City of San Marcos 630 East Hopkins 630 East Hopkins San Mazcos, Texas 78666 San Marcos, Texas 78666 Telephone: (512) 393-8100 Telephone: (512) 393-8000 Facsimile: (512) 396-4656 Facsimile: (512) 396-4656 If intended for JQH: With Copies to: JQH -San Mazcos Development, LLC Debra Mallonee Shantz, General Counsel c/o John Q. Hammons Hotels, Inc. John Q. Hammons Hotels & Resorts, LLC 300 John Q. Hammons Parkway Suite 900 300 John Q. Hammons Parkway Springfield, MO 65806 Suite 900 Telephone: (417) 864-4300 Springfield, MO 65806 Telephone: (417) 864-4300 Facsimile: (417) 864-8900 9.10. Severability. In the event any section, subsection, paragraph, sentence, phrase or word herein is held invalid, illegal or unconstitutional, the balance of this Agreement, shall be 28 80327].4