Res 2004-157 - Laserfiche WebLink

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I I I c) Bear all other costs, subject to its not-to-exceed cost set forth in Section 3. C. c. McCarty Lane extension 1. SMCISD will design and construct the improvements to City standards, and dedicate the completed roadway improvements to the City. 2. The City will maintain the improvements once constructed to City standards. Section 4. Miscellaneous Provisions. a Cooperation. This City, the County and SMCISD agree to cooperate with each other, in good faith, at all times during the term hereof in order to achieve the purposes and intent ofthis Agreement. b. Entire Agreement: Amendments. This Agreement contains the entire agreement between the parties respecting the subject matter hereof: 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 duly executed by the parties. c. Intetpretation. The parties acknowledge and confirm that this Agreement has been entered into pursuant to the authority granted under the Interlocal Cooperation Act. All terms and provisions hereof are to be construed and interpreted consistently with that Act. d. Invalid Provisions. Any clause, sentence, paragraph or article of this Agreement which is detennined by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect shall not be deemed to impair, invalidate, or nullify the remainder of this Agreement if the Agreement can be given effect without the invalid portion. e. Apj>licable 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 this Agreement has been duly authorized by its respective governing body, and that funding from each party for the perfonnance of this Agreement will be provided :from current revenues available to the parties. g. Immunity. Each party hereunder acknowledges it is a political subdivision of the State of Texas and is subject to and complies with the applicable provisions of the Texas Tort Claims Act, as set out in the Texas Civil Practice and Remedies Code, Section 101.001 et. seq., as amend~ (the "Act") and the remedies and limits of recovery authorized therein regarding claims or causes of action that may be asserted by third parties for property damage, personal injury or death. This Agreement and the obligations herein are not intended to waive, abrogate or in any way limit the rights and protections afforded to the parties under the Act. Further, the parties do 3