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Res 2006-148
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Res 2006-148
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Last modified
3/6/2007 2:33:20 PM
Creation date
10/19/2006 11:54:00 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
2006-148
Date
9/19/2006
Volume Book
169
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<br />(3) By either party upon thirty (30) days written notice to the other. <br /> <br />ARTICLE 7. REMEDIES <br /> <br />Violation or breach of contract terms by the Performing Party shall be grounds for <br />termination of the Agreement, and any increased costs arising from the Performing Party's <br />default, breach of contract, or violation of terms shall be paid by the Performing Party. ThIS <br />Agreement shall not be considered as specifying the exclusive remedy for any default, but all <br />remedies existing at law and in equity may be availed of by either party and shall be cumulative. <br /> <br />ARTICLE 8. SUBLETTING <br /> <br />The Performing Party shall not sublet or transfer any portion of its responsibilities and <br />oblIgations under this Agreement unless specifically authorized to do so in writing by the <br />ReceIving Party. <br /> <br />ARTICLE 9. SUCCESSORS AND ASSIGNS <br /> <br />The Performing Party shall not assign or otherwise transfer its rights or obligations under <br />this Agreement except with the prior written consent of the Receiving Party. <br /> <br />ARTICLE 10. LEGAL CONSTRUCTION <br /> <br />In the event that anyone or more of the provisions contained in this Agreement shall for <br />any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, <br />illegality, or unenforceability shall not affect any other provisions thereof and this Agreement <br />shall be construed as if such invalid, illegal, or unenforceable provision had never been contained <br />herein. <br /> <br />ARTICLE 11. GOVERNING LAWS AND VENUE <br /> <br />This Agreement shall be construed under and in accordance with the laws of the State of <br />Texas. Any legal actions regarding the parties' obligations and any matters whatsoever arising <br />from this Agreement shall be filed and maintained in Hays County, Texas. <br /> <br />ARTICLE 12. PRIOR AGREEMENTS SUPERSEDED <br /> <br />This Agreement constitutes the sole and only agreement of the parties hereto and <br />supersedes any prior understandings or written or oral agreements between the parties respecting <br />this subj ect matter. <br /> <br />ARTICLE 13 INSURANCE AND INDEMNITY <br /> <br />The Performing Party will hold harmless, indemnify and defend the Receiving Party and <br /> <br />3 <br />
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