2000-06-28-Minutes - Laserfiche WebLink

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.574 TCIM further warrants and represents that if has the authority to enter into and perform, and will perform, the terms of this Agreement. 2. TCIM has and will maintain all necessary rights, licenses, permits and authority to caw/on its business where and as presently conducted. 3. TCIM is aware of the statutory limitations on this grant and the use of'funds under Article 5190.6 of the Texas Revised Civil Statutes ("Statutory Purposes"), and TCIM acknowledges that such funds herein granted shall be utilized solely for purposes authorized under such state law and by the terms &this Agreement and grant. In the event that an audit determines that such funds were not used forStatutory Purposes, TCIM agrees to reimburse PEDC for the sums of money spent for purposes not authorized by law. 4. There are no bankruptcy proceedings currently pending concerning TCIM, nor are any such proceedings contemplated by TCIM as of the Effective Date & this Agreement or within the 36-month period following sach date. In the event that TCIM is the subject of voluntary or involuntary bankruptcy proceedings during the tern hereof, the filing of same shall constitute an immediate breach of this warranty, In such event, any remaining payments due hereunder shall immediately cease and this agreement shall be of no further force and effect. 5. The parties executing this Agreement on behalfofTCIM are duly authorized by its Board of Directors to execute this Agreement on behalfofTCIM. I. This Agreement sets forth the entire understanding between the parties, and any other understandings or agreements shall be canceled and superseded by this Agreement upon the date of execution hereof. None of the terms of this Agreement shall be waived, discharged, altered or modified in any respect, except by an agreement in writing signed by both parties and specifically referring to this Agreement. This : Agreement is performable in Lamar County, Texas, and shall be governed by, construed and enforced in accordance with the laws of the State of Texas. The provisions of this Agreement shall apply to, bind and inure to the benefit of the PEDC, TCIM, and their respective successors, and permitted assigns, if any. J. The terms and conditions &this Agreement are binding upon the successors and assigns of all parties hereto. Neither this Agreement, nor any interest therein, shall be assigned by TCIM without the prior written consent o£PEDC. K. Venue for any actions arising under this Agreement shall lie exclusively in the courts of Lamar County, Texas, for any state court action, and in the U.S. District Court for the Eastern District of'Texas for any Federal Court action.