Res 2012-046 - Laserfiche WebLink

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12015202 f R 4358 457 - 3.09 Interpretation This Agreement shall be liberally construed to effectuate the purposes set forth herein and to sustain the validity hereof. Wherever required by the context, the singular shall include the plural, and the plural shall include the singular. Each term herein may be used in its singular or plural form whether or not so defined. 3.10 Notice Any notice, request or other communication required or permitted by this Agreement shall be in writing and may be affected by overnight courier or hand delivery, or by sending said notice by registered or certified mail, postage prepaid, return receipt requested, and addressed to the Parties as set forth below. Notice shall be deemed given when deposited with the United States Postal Service with sufficient postage affixed. Anv notice mailed to the City shall be addressed to: City Manager City of San Marcos 630 E. Hopkins Street San Marcos, Texas 78666 Any notice mailed to C &G shall be addressed to: C &G Development P.O. Box 1171 San Marcos, Texas 78667 3.11 Force Majeure Owner and the City agree that the obligations of each party shall be subject to force majeure events such as natural calamity, fire or strike. 3.12 Assignment This Agreement may be assigned by the Owner only with the prior written approval of the City Manager of the City. 3.13 Authority The City represents and warrants that this Agreement has been approved and duly adopted by the City Council of the City in accordance with all applicable public meeting and public notice requirements including, but not limited to, notices required by the Texas Open Meetings Act, and that the individual executing this Agreement on behalf of the City has been authorized to do so. C &G represents and warrants that this Agreement has been approved by appropriate action of C &G and that the individual executing this Agreement on behalf of C &G has been authorized to do so. 3.14 Default Notwithstanding anything herein to the contrary, no Party shall be deemed to be in default hereunder until the passage of thirty (30) business days after receipt by such party of notice of default from the other Party. Upon the passage of thirty (30) business days without cure of the 9