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Res 1993-213
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Res 1993-213
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7/5/2007 4:05:40 PM
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7/5/2007 4:05:40 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Contract
Number
1993-213
Date
12/6/1993
Volume Book
113
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<br /> í?!£ <br /> with all of its responsibilities under this Agreement no later <br /> than two years from the execution date of this Agreement. <br /> 4.13 In the event DEBTOR fails to fulfill in a timely and <br /> proper manner its obligations under this AGREEMENT, or if DEBTOR <br /> violates any of the provisions of this Agreement, or if this <br /> Agreement is placed in the hands of an attorney for collection <br /> regardless of whether or not suit is filed, or if this Agreement <br /> is collected by suit or legal process including, but not limited <br /> to, Probate Court or Bankruptcy proceedings, DEBTOR will pay <br /> CITY's reasonable attorney's fees and expense of collection. <br /> Reasonable attorney's fees shall be 10% of all amounts due unless <br />- -- either party pleads otherwise. <br /> 4.14 Should any provision herein be found or deemed to be <br /> invalid, this Agreement shall be construed as not containing such <br /> provision, and all other provisions which are otherwise lawful <br /> shall remain in full force and effect, and to this end the <br /> provisions of this Agreement are declared to be severable. <br /> ARTICLE 5 <br /> SUCCESSORS AND ASSIGNS <br /> 5.1 The CITY and the DEBTOR, respectively, bind themselves, <br /> their successors, assigns and legal representatives to the other <br /> party to this Agreement and to the successors, assigns and legal <br /> representatives of such other party with respect to all covenants <br /> of this Agreement. Neither the CITY nor the DEBTOR shall' assign, <br /> sublet or transfer any interest in this Agre4ment without the <br /> written consent of the other. <br /> ARTICLE 6 <br /> EXTEN'J." OF AGREE1ŒN'T <br /> 6.1 This Agreement represents the entire and integrated <br /> agreement between the CITY and the DEBTOR and supersedes all prior <br /> negotiations, representations or agreements, either written or <br />- oral. This Agreement may be amended only by written instrument <br /> signed by both CITY and DEBTOR. <br /> I <br /> ARTICLE 7 <br /> NOTICE <br /> 7.1 Any notices or reports relating to this agreement shall <br /> be sufficient as sent by the parties hereto in the United States <br /> mail, postage paid to the addresses noted below. <br /> Larry D. Gilley, City Manager <br /> City of San Marcos <br /> 630 E. Hopkins <br /> San Marcos, Texas 78666 <br />
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