Res 2004-194 - Laserfiche WebLink

Home Browse Search

I I I e) The City agrees to use its best efforts to ensure that the Contractor completes the Texas State Work substantially in accordance with the plans and specifications. The City makes no other warranty in connection with the Texas State Work. Section 3. Term The term of this Agreement will commence on November 8, 2004, and will continue until the Texas State Work is completed and accepted by Texas State, unless this Agreement is terminated at an earlier time by either party in accordance with Section 4(f). Section 4. Miscellaneous Provisions a) Interlocal Cooperation: The City and Texas State agree to cooperate with each other in good faith at all times during the term of this Agreement in order to achieve the purpose of this Agreement. Each party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative. b) Entire Agreement: This Agreement contains the entire agreement between the parties and supersedes all prior understandings and agreements between the parties regarding such matters. This agreement may not be modified or amended except by written agreement executed by both parties. Neither party may assign this Agreement without the written consent of the other party. c) Interpretation: The parties acknowledge and confirm that this Agreement has been entered into pursuant to the authority granted under the Act. All terms and conditions are to be construed and interpreted consistently with the Act. d) Invalid Provision: Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. e) Applicable Law: This Agreement is governed by the law of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. f) Termination: Either party may terminate this Agreement by giving 30 days advance written notice to the other party. In the event of termination prior to completion of the work requested by Texas State, Texas State will pay the City for all engineering services and construction services provided up to the date of termination. g) Dispute Resolution: The parties will use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any claim that either party makes for breach of this agreement.