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Res 1997-068
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Res 1997-068
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Last modified
6/11/2007 2:57:46 PM
Creation date
6/11/2007 2:57:45 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
1997-68
Date
5/12/1997
Volume Book
128
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<br /> O?,g6 <br /> - <br /> MISCELLANEOUS AGREEMENTS <br /> (A) This Contract is governed by the law of the State of Texas. Exclusive venue for any <br /> dispute arising under this Contract is in Hays County, Texas. <br /> (B) All references in this Contract to any particular gender are for convenience only and <br /> shall be construed and interpreted to be of the appropriate gender. The term "will" is <br /> mandatory in this Contract. <br /> (C) If any provision of this Contract is held to be invalid by a court of competent <br /> jurisdiction, this Contract shall be construed as not containing the provision, and all other <br /> provisions which are otherwise lawful shall remain in full force and effect, and to this end <br /> the provisions of this Contract are declared to be severable. <br /> (0) All services provided pursuant to this Contract are for the exclusive use and benefit <br /> of the City. <br /> . . <br /> (E) As to all acts or failures to act by either party to this Contract, any applicable statute <br /> of limitations will commence to run and any alleged cause of action will be deemed to have <br /> accrued when the party commencing the cause of action knew or should have known of <br /> the existence of the subject act(s) or failure(s) to act. <br /> (F) Neither the City nor Contractor shall assign, sublet or transfer any interest in this <br /> Contract without the written consent of the other. . <br /> (G) The City of San Marcos is governed by the Texas Public Information Act, Chapter <br /> 552 of the Texas Government Code. This Contract and all written information generated <br /> under this Contract may be subject to release under this Act. <br /> (H) This Contract represents the entire and integrated Contract between the City and <br /> the Contractor and supersedes all prior negotiations, representations or agreements, either <br /> written or oral. This Contract may be amended only by written instrument signed by both <br /> City and Contractor. <br /> (I) The City reserves the right to terminate this Contract upon breach of its terms by the <br /> Contractor. <br /> (J) This Contract may be terminated at will by the City upon at least 15 days prior <br /> written notice to the Contractor. <br /> (K) The term of this Contract begins upon its execution by both parties, and ends upon <br /> acceptance by the City of the completed services required under this Contract. <br /> 3 <br />
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