Res 2007-098 - Laserfiche WebLink

Home Browse Search

once delinquent shall accrue interest at the rate of prime plus two percent per annum as reported by the Wall Street Journal or the maximum rate allowed by law, whichever is less. E. DISPUTED BILLINGS - Those undisputed portions of a billing shall be paid under this payment plan. Only the disputed portions shall be sent to arbitration under Article VI. ARTICLE VII. INSURANCE Each Participating Utility shall bear the risk of its own actions, as it does with its day-to- day operations, and determine for itself what kinds of insurance, and in what amounts, it should carry. ARTICLE VIII. IMMUNITY Pursuant to SS421.062 and 791.006, Texas Government Code, the party furnishing services under this Agreement, if a governmental entity, is not responsible for any civil liability that arises from the furnishing of those services. No Party waives or relinquishes any immunity or defense on behalf of itself, its officers, employees and agents as a result of the foregoing sentence or its execution of this Agreement and the performance of the covenants contained herein. ARTICLE IX. TERM This Agreement shall become effective as to each Party on the date such Party executes the Agreement and shall continue in force and remain binding on each and every Party until December 31 st of the year in which the Party executes the Agreement. This Agreement shall renew automatically for a period of one year upon the completion of the initial term and each subsequent term unless and until such time a Party terminates its participation in this Agreement. Termination of participation in this Agreement by a Party shall not affect the continued operation of this Agreement between and among the remaining Parties. ARTICLE X. ARBITRATION All disputes between two or more Participating Utilities arising from participation in this Agreement, which cannot be settled through negotiation, shall be submitted to mediation before a panel of three persons chosen from the members of this Mutual Aid Agreement that are Participating Utilities, excluding those members that are parties to the dispute. Each party to the dispute shall choose one panel member and those panel members shall agree on one additional panel member. The panel shall adopt rules of procedure and evidence, shall determine all issues in dispute by majority vote and shall assess damages. The decision of the panel shall be final and binding upon the parties to the dispute.