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Res 2012-013
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Res 2012-013
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Last modified
3/23/2012 2:17:44 PM
Creation date
2/27/2012 1:10:02 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2012-013
Date
2/21/2012
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R <br />ARTICLE 7- TERMINATION OF AGREEMENT <br />The Parties agree that this Agreement may be terminated with or without cause by any Party without <br />any liability therefore at any time prior to the expiration of the Term by giving the other Parties written <br />notice of such intent to the addresses provided in Section 9.05 of this Agreement. <br />ARTICLE 8 — LIABILITY <br />Section 8.01— The Parties acknowledge that they immune from liability except as provided in the Texas <br />Tort Claims Act, as set out in Civil Practices and Remedies Code, Section 101.001 et seq. and the <br />remedies authorized therein and limitations as to damages regarding claims or causes of action that may <br />be asserted by third parties for accident, injury or death. <br />Section 8.02 - No Personal Liability of University. To the extent allowed by law the University's officers, <br />either singularly or collectively, are not personally liable on this Agreement or for any breach thereof. <br />Section 8.03 - No Personal Liability of San Marcos. To the extent allowed by law, the San Marcos <br />officers, agents and employees, either singularly or collectively, are not personally liable on this <br />Agreement or for any breach thereof. <br />Section 8.04 - No Personal Liability of Kyle. To the extent allowed by law, the Kyle officers, agents and <br />employees, either singularly or collectively, are not personally liable on this Agreement or for any breach <br />thereof. <br />Section 8.05 — Force Maieure. No party shall be liable for, or able to terminate this Agreement, due to <br />any failure to perform hereunder where such failure is proximately caused by a Force Majeure <br />Occurrence. A "Force Majeure Occurrence" shall mean an occurrence beyond the control and without <br />the fault or negligence of the party affected and which by exercise or reasonable diligence the said party <br />is unable to prevent or provide against. Without limiting the generality of the foregoing, force majeure <br />occurrences shall include: acts of nature (including fire, flood, earthquake, storm, hurricane, or other <br />natural disaster), war, invasion, acts of foreign combatants, terrorists acts, military or other usurped <br />political power or confiscation, nationalization, government sanction or embargo, labor disputes of third <br />parties to this contract, or the prolonged failure of electricity or other vital utility service. Any Party <br />asserting a Force Majeure Occurrence as an excuse to performance shall have the burden of proving <br />proximate cause, that reasonable steps were taken to minimize the delay and damages caused by <br />events when known, and that the other Party was timely notified of the likelihood or actual occurrence <br />which is claimed as grounds for a defense under this Paragraph. <br />ARTICLE 9 — MISCELLANEOUS <br />Section 9.01 - Laws. The parties hereto agree to abide with all applicable City Charter provisions, laws, <br />regulations, and grant provisions of the United States, the State of Texas, and any other lawful <br />authorities having jurisdiction. <br />Section 9.02 - Legal Construction. If any clause or provision of this Agreement is held invalid, illegal or <br />unenforceable under present or future federal, state or local laws, then and in that event it is the <br />intention of the Parties hereto that such invalidity, illegality or unenforceability shall not affect any other <br />clause or provision hereof and that the remainder of this Agreement shall be construed as if such <br />3 <br />
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