Res 2004-169 - Laserfiche WebLink

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I I I Draft 9-24-04 Section 7.03. The new owner will assume all the duties and obligations of Prime upon the same terms and conditions as set out in this Agreement. Any assignment of this Agreement will be to an entity that contemplates the same improvements to the Property, except to the extent the Facility and the Equipment installation have been completed. No assignment will be approved if the assignor or the assignee is indebted to the City for ad valorem taxes or other obligations. PART 8. INDEPENDENT CONTRACTOR/INDEMNITY Section 8.01. It is understood and agreed between the parties that the City and Prime, in executing this Agreement, and in performing their respective obligations, are acting independently, and not in any form of partnership or joint venture. The City assumes no responsibilities or liabilities to any third parties in connection with this Agreement, and Prime agrees to indemnify, defend and hold the City harmless from any such liabilities. PART 9. NOTICE Section 9.01. All notices called for or required by this Agreement will be delivered to the following by certified mail, postage pre-paid, effective five days after mailing, by hand delivery or overnight delivery, effective upon delivery: President San Marcos Factory Stores, Ltd. c/o Prime Retail, L.P. 217 East Redwood Street Baltimore, MD 20202 President Prime Outlets at San Marcos II, L.P. c/o Prime Retail, L.P. 217 East Redwood Street Baltimore, MD 20202 City Manager City of San Marcos 630 East Hopkins San Marcos, Texas 78666 Each party will notify the other party in writing of any change in its address. PART 10. MISCELLANEOUS Section 10.01. Prime agrees to ensure that no discrimination occurs in the provision of services or in employment practices at the Facility on the basis of race, creed, color, national origin, sex or disability. City of San Marcos/Prime Economic Development Agreement Page70f9