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Res 1998-102
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Res 1998-102
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Last modified
4/23/2007 4:45:42 PM
Creation date
4/16/2007 3:45:45 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1998-102
Date
5/18/1998
Volume Book
133
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<br /> 15.7 Participant agrees to release, defend, indemnify and hold harmless Provider, <br /> its officers and employees, to the full extent permitted by law from and a!rainst any and all <br /> .,..... <br /> claims, damages, liabilities and expenses, including legal and attorney fees, of any nature <br /> arising directly or indirectly out of this Agreement, including without limitation, élaims for <br /> personal injury or wrongful death to Participant or other users of the equipment, products <br /> or, services provided by Provider or used in conjunction with such equipment, products or <br /> services provided by Provider and arising out of the manufacture, purchase, operation, <br /> f'nnditions, maintenance, installation, return or use of the equipment or service or arising <br /> , operation of lawl v;fietfier the claim is based in whale or in pELrt ÐIl ftcgligcnt ELets or <br /> 1'lÎ3'sÎÐB3 6£ Prô¥irlcl', it~ l1!tnt:5 Of employ".!. <br /> 16. NOTICES <br /> Any notice or demand required or permitted to be made hereunder shall be made <br /> by certified or registered mail to the addresses giver. on the Community Link Mobile Radio <br /> Service Agreement and shall be deemed received on the second business day after deposit <br /> in the U.S. mail. Either Party may from time to time designate any other address for this <br /> purpose by written notice to the other Party. <br /> 17. NO CO~'[\IO:\ CARRIER OFFERI;\"G <br /> With respect to services contemplated by this Agreement, neither Participant nor <br /> Provider shall make a common-carrier offering of communication services. <br /> 18. TAJ{ CODE CO:\SEQUENCES <br /> 18.1 The relationship of the Parties shall not be treated as a partnership or other <br /> taxable entity for any purpose under the United States Internal Revenue Code (the "Code"). <br /> No provision of the Agreement shall be construed to create an association, joint venture, <br /> trust or partnership with regard to the other Party. The Parties agree to take appropriate <br /> actions, including appropriate elections under Section 761 of the Code, to exclude the <br /> application of the partnership provisions of the Code. <br /> 18.2 Each Party shall be responsible for payment of all taxes, if any, on its own <br /> faciIi ties. <br /> 19. AlvIENDIHEJ\l; WAIVER; SEPARABILI1Y <br /> Except for revisions of the LCRA Mobile Radio Service Rate Table as set forth in <br /> Section 3 above and the expansion provisions set forth in Section 20 hereinafter, <br /> amendments to or modification of this Agreement shall be in writing and signed by <br /> authorized representatives of the Parties. Lack of enforcement of any right under this <br /> Agreement by either Party shall not constitute a waiver of that right or any other in the <br /> future. The terms and conditions of this Agreement supersede other agreements, written <br /> or oral, between the Parties regarding the subject of this Agreement. Should a court of <br /> LoWER COLORADO RIvER AcTHORllY -10- <br />
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