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Res 2007-058
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Res 2007-058
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Last modified
8/23/2007 2:59:18 PM
Creation date
4/5/2007 8:50:43 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2007-58
Date
4/3/2007
Volume Book
171
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<br />I <br /> <br />I <br /> <br />I <br /> <br />duty or obligation hereunder, shall be deemed or construed to be a waiver of subsequent breaches <br />or defaults of any kind, under any circumstances. <br /> <br />Section 3.7. Addresses and Notice. Notices must be provided in writing, by certified <br />mail, confirmed facsimile, or confirmed emml. The contacts and addresses for notices under this <br />agreement are as follows: <br /> <br />If to the City: <br />City Manager <br />City of San Marcos <br />630 East Hopkins Street <br />San Marcos, Texas 78666 <br />Email: o.leary_dan@ci.san-marcos.tx.us <br /> <br />If to the Agency: <br />Susan Narvaiz, Chmr, Board of Directors <br />Hays Caldwell Public Utility Agency <br />c/o City of San Marcos <br />630 East Hopkms Street <br />San Marcos, TX 78666 <br />Email: narvaiz_susan@ci.san-marcos.tx.us <br /> <br />Any other address may be used upon at least 15 days wntten notice to the other Party. <br /> <br />Section 3.8. Entire Agreement; Amendments. This Agreement, including referenced <br />attachments, constitutes the entire agreement between the Agency and the CIty on this subject <br />and supersedes all other proposals, presentations, representations, and communications, whether <br />oral or written, between the PartIes. This Agreement may be amended only by a written <br />document that IS duly approved and executed by the Parties. <br /> <br />Section 3.9. Severability. In the event any section, subsection, paragraph, sentence, <br />phrase or word of this Agreement is held invahd for any reason, and the invahdity does not <br />frustrate the purposes of this Agreement, the balance of this Agreement will remain in effect and <br />will be read as if the parties intended at all times not to include the mvalid section, subsection, <br />paragraph, sentence, phrase or word. In the event the mvahdity frustrates the purpose of thIS <br />Agreement, the entire Agreement shall be declared invahd. <br /> <br />Section 3.10. Governing Law and Venue. This agreement shall be governed by the <br />laws of the State of Texas. Exclusive venue for any legal dispute ansing under this agreement <br />shall be in Hays County, Texas. <br /> <br />Section 3.11. Power and Authorization. Each respective Party represents and warrants <br />that it is fully authorized and empowered by applicable law, including Texas Government Code <br />Chapter 791, to enter into thIS Agreement as a sustaining and binding legal obligation. <br /> <br />Section 3.12. Other Agreements. Nothing in this Agreement shall in any way limit or <br />restrict the right of the City to enter into other contracts related to the development, supply <br /> <br />5 <br />
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