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Res 1997-109
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Res 1997-109
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Last modified
6/11/2007 3:58:41 PM
Creation date
6/11/2007 3:58:41 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Agreement
Number
1997-109
Date
6/23/1997
Volume Book
129
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<br />" <br /> 'foL <br /> Section 16. Cooperation. <br /> The City and GBRA agree to cooperate with each other in <br />pursuing all necessary permits and approvals needed for the Project <br />and to complete and file all required reports. The City and GBRA <br />further agree to attempt in good faith to resolve amicably any <br />dispute arising from a request to either Party for treated water <br />service from an individual or entity which the other party desires <br />to serve. The City and GBRA further agree to attempt in good faith <br />to develop appropriate uniform water conservation and drought <br />contingency plans, programs and ordinances to be approved by TNRCC <br />for all treated water supplied from the Plant for adoption by GBRA <br />Customers and City Customers. <br /> Section 17. Contracts. <br /> All contracts pursuant to which either GBRA or the City supply <br />treated water from the Plant to their respective Customers shall be <br />subject to the terms and conditions of this Agreement. <br /> Section 18. Regulatory Requirements. <br /> This Agreement is subject to all applicable federal, state, <br />and local laws and any applicable ordinances, rul~s, orders, and <br />regulations of any local, state, or federal governmental authority <br />having jurisdiction. This Agreement is specifically subject to <br />all applicable sections of the Texas Water Code and the rules of <br />the Texas Natural Resource Conservation Commission, or any <br />successor agency. <br /> Section 19. Unconditional Obligation to Make Payments. <br />.- The City shall be unconditionally obligated to pay, without <br />offset or counterclaim, the payments required under Section 22, <br />below, and GBRA shall be unconditionally obligated to pay, without <br />off-set or counterclaim, the payments required under Section 23, <br />regardless of whether or not the City and GBRA actually acquire, <br />construct, or complete the Project, or whether or not GBRA is <br />actually delivering water from the Raw Water Delivery System to <br />City hereunder, or whether or not City actually receives or uses <br />and treats water from the Raw Water Delivery System whether due to <br />Force Majeure or otherwise, and regardless of any other provisions <br />of this or any other contract or agreement between the 'Parties. <br />This covenant shall be for the benefit of the bond holders of the <br />respective Party and shall continue after expiration of this <br />Agreement until all Project Debt Instruments issued under this <br />Agreement are retired. <br /> -13- <br />
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