Res 2003-124 - Laserfiche WebLink

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arising o ut o f t he City's maintenance o f t he Property or the construction or maintenance of the Improvements. Section 6. Termination. a. The City may terminate this agreement in the event that sufficient funding is not appropriated in a future budget of the City to provide for the City's compliance with its obligations under this agreement. The City will provide the County with 60 days notice of any such termination. b. The County will notify the City in writing of any failure by the City to comply with any term or condition of this Agreement. The County may terminate this agreement if the City fails to correct the default within 30 days of the date the notice is delivered. Section 7. Miscellaneous Provisions. a. Cooperation. The City and the County agree to cooperate with each other in good faith at all times during the term of this agreement in order to achieve the purposes and intent of this agreement. b. Applicability of Ordinances. The Property will be considered a City park to which applicable City ordinances related to park use will apply. c. Entire Agreement; Amendments. This agreement contains t he entire agreement between the parties respecting the subject matter hereof, and supersedes all prior understandings and agreements between the parties regarding this subject. This agreement may not be modified or mnended except by written agreement duly executed by the parties. d. h~terpretation. The parties acknowledge and confirm that this agreement has been entered into pursuant to the authority granted under the Intedocal Cooperation Act. All terms and provisions hereof are to be construed and interpreted consistently with that Act. e. Severability. Any clause, sentence, paragraph or article of this agreement which is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect shall not be deemed to impair, invalidate, or nullify the remainder of this agreement if the agreement can be given effect without the invalid portion. f. Applicable Laws. This agreement shall be construed in accordance with the laws of the State of Texas. All obligations hereunder are performable in Hays County, Texas, and venue for any action arising hereunder shall be in Hays County, Texas. g. Authorization. Each party hereto acknowledges and represents that this agreement has been duly authorized by its respective governing body.