Res 2012-155 - Laserfiche WebLink

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required to accomplish the same, H. Recitals. The Parties agree that the recitals in this Funding Contract are true and correct and are incorporated into the terms of this Funding Contract. I. Severability. The invalidity of any provision or provisions of this Funding Contract shall not affect any other provision of this Funding Contract, which shall remain in full force and effect, nor shall the invalidity of a portion of any provision of this Funding Contract affect the balance of such provision. J. Waiver. Notwithstanding anything to the contrary contained in this Funding Contract, any right or remedy or any default under this Funding Contract, except the right of a Party to receive the payments from another Party, which will never be determined to be waived, will be deemed to be conclusively waived unless asserted by a proper proceeding at law or in equity within four (4) years after the occurrence of such default. No waiver or waivers of any breach or default (or any breaches or defaults) by any Party hereto or of the performance by any other Party of any duty or obligation hereunder will be deemed a waiver thereof in the future, nor will any such waiver or waivers be deemed or construed to be a waiver of subsequent breaches or defaults of any kind, character or description, under any circumstances. Termination of this Funding Contract for breach shall not constitute a waiver of any rights or remedies available at law or in equity to a Party to redress such breach. All remedies, either under this Funding Contract or at law or in equity or otherwise available to a Party, are cumulative and not alternative and may be exercised or pursued separately or collectively in any order, sequence or combination. In addition, to these provisions, applicable provisions of this Funding Contract shall survive any termination of this Funding Contract. K. Exhibits. The Exhibits, schedules and /or other documents attached hereto or referred to herein, are incorporated herein and made a part of this Funding Contract for all purposes. As used herein, the expression "Funding Contract" means the body of this Contract and such attachments, Exhibits, schedules and /or other documents, and the expressions "herein," "hereof," and "hereunder" and other words of similar import refer to this Funding Contract and such attachments, exhibits, schedules and /or other documents as a whole and not to any particular part or subdivision thereof. L. Attorneys Fees; Costs. If any legal action, arbitration or other proceeding is brought for the enforcement of this Funding Contract or because of an alleged breach or default relating to this Funding Contract, the successful or prevailing party shall be entitled to recover reasonable costs incurred, including but not limited to attorney's fees, in such action or proceeding in addition to any other relief to which it or they may be entitled. M. No Third Party Beneficiary; No Partnership. This Funding Contract is not intended to confer any rights, privileges or causes of action upon any third party other than the Parties to this Funding Contract. The Parties understand and agree that this Funding Contract does not create a fiduciary relationship between them, they are separate entities, San Marcos /Texas State University is an independent contractor with respect to the Conservation Measures or other Program Activities to be implemented hereunder and is not subject to the direct or continuous control and supervision of the EAA. Nothing in this Funding Contract is intended or will be 10 of 15