Res 1997-109 - Laserfiche WebLink

Home Browse Search

" ¡df( of the tax assessment, or charge shall be included in the Operation and Maintenance Expenses of the Raw Water Delivery System or the Operation and Maintenance Expenses of the Plant as appropriate. Section 28. Default in Payments. All amounts due and owing to city by GBRA or owing to GBRA by _.- City shall, if not paid when due, bear interest at the Texas post- judgment interest rate as set out in TEX. REV. CIV. STAT. ANN. ART. 5069-1.05 (Vernon Supp. 1996) or any successor statute from the date when due until paid, provided that such rate shall never be usurious or exceed the maximum rate as permitted by law. If any amount due and owing by either Party is placed with an attorney for collection by the other Party, the owing Party shall pay to the owed Party, in addition to all other payments provided for by this Agreement, including interest, the owed Party's collection expenses, including court costs and attorney's fees. Section 29. Waiver and Amendment. Failure to enforce or the waiver of any provision of this Agreement or any breach of nonperformance by City or GBRA shall not be deemed a waiver by GBRA or City of the right in the future to demand strict compliance and performance of any provision of this Agreement. Regardless of any provision contained in this Agreement to the contrary, any right or remedy or any default under this Agreement, except the right of City to receive payments for water treatment and the right of GBRA to receive the payments for raw water delivery which shall never be determined to be waived, shall be deemed to be conclusively waived unless asserted by a proper proceeding at law or in equity within two (2) years plus one (1) day after the occurrence of the default. No officer or agent of City or GBRA is authorized to waive or modify any provision of the Agreement. No modifications to or recision of this Agreement may be made except by a written document signed by City's and GBRA's authorized representatives. Section 30. Remedies. It is not intended hereby to specify (and this Agreement shall not be considered as specifying) an exclusive remedy for any default, but all such other remedies (other than termination) existing at law or in equity may be availed of by any Party here~o and shall be cumulative. Recognizing, however, that failure in the performance of any Party's obligations hereunder could not be adequately compensated in money damages alone, each Party agrees in the event of any default on its part that each Party shall have available to it the equitable remedy of mandamus and specific performance, in addition to any other legal or equitable remedies (other than termination) which also may be available. -19-