Res 2004-169 - Laserfiche WebLink

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I I I Draft 9-24-04 Section 10.02. In the event that the performance by a party of any of its obligations under this Agreement is interrupted or delayed by events outside of its control such as acts of God, war, riot, or civil commotion, then the party is excused from such performance for the period of time reasonably necessary to remedy the effects of the events. Section 10.04. No action will lie for punitive, incidental, special or consequential damages under this Agreement. Section 10.05. In the event any section, subsection, paragraph, sentence, phrase or word is held invalid for any reason, the balance of this Agreement will remain in effect and will be read as if the parties intended at all times not to include the invalid section, subsection, paragraph, sentence, phrase or word. This Agreement may be amended only by a written instrument executed by both parties. Section 10.06. This Agreement will be construed under the laws of the State of Texas. The term "will" is mandatory in this Agreement. Mandatory venue for any action under this Agreement will be in the state court of appropriate jurisdiction for the action in Hays County, Texas. This Agreement is performable in Hays County, Texas. The execution or performance under this Agreement by the City will not be deemed to operate as a waiver of any immunity of the City to suit or to liability under applicable law. Section 10.07. This Agreement is not intended and will not be construed to create any rights in any third parties. This Agreement has been executed by the parties in multiple originals or counterparts each having full force and effect. CITY OF SAN MARCOS, TEXAS Dj STATE OF TEXAS COUNTY OF HAYS ~1. .. J This instrument was acknowledged before me on ' ~ijc1 t.t ' 2004 by Dan O'Leary, known personally by me to be the City Manager of t e City of San arcos, on behalf of the City of San Marcos. Notary seal: City of San Marcos/Prime Economic Development Agreement Page 8 of9