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1996-120-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 15TH DAY OF JULY 1996
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1996-120-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 15TH DAY OF JULY 1996
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Last modified
8/18/2006 4:31:53 PM
Creation date
4/5/2005 6:45:10 AM
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CITY CLERK
Doc Name
1996
Doc Type
Resolution
CITY CLERK - Date
11/7/1996
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<br />, " <br /> <br />Agreement or with the aforementioned rules and statutes shall <br />be considered a breach of this contract and will allow the <br />state to pursue the remedies for breach as stated below. <br /> <br />a. Of primary importance to the state is compliance with the <br />terms and conditions of this Agreement. If, however, <br />after all reasonable attempts to require compliance have <br />failed, the state finds that Sponsor is unwilling and/or <br />unable to comply with any of the terms and conditions of <br />this Agreement, the State may pursue any of the following <br />remedies: (1) require a refund of any money expended <br />pursuant to the Agreement herein, (2) deny sponsor's <br />future requests for aid, (3) request the Attorney General <br />to bring suit seeking reimbursement of any money expended <br />on the project pursuant to the Agreement herein, provided <br />however, these remedies shall not limit the State's <br />authority to enforce its rules, regulations or orders as <br />otherwise provided by law, (4) declare this Agreement <br />null and void, or (5) any other remedy available at law <br />or in equity. <br /> <br />b. Venue for resolution by a court of competent jurisdiction <br />of any dispute arising under the terms of this Agreement, <br />or for enforcement of any of the provisions of this <br />Agreement, is specifically set by Agreement of the <br />parties hereto in Travis County, Texas. <br /> <br />10. The .state reserves the right to amend or withdraw this <br />Agreement at any time prior to acceptance by the Sponsor. The <br />acceptance period cannot be greater than 30 days after <br />issuance unless extended in writing by the state. <br /> <br />11. This Agreement constitutes the full and total understanding of <br />the parties concerning their rights and responsibilities in <br />regard to this project and shall not be modified, amended, <br />rescinded or revoked unless such modification, amendment, <br />rescission or revocation is agreed to by both' parties in <br />writing and executed by both parties. <br /> <br />12. All commitments by the sponsor and the state hereunder are <br />subject to constitutional and statutory limitations and <br />restrictions binding upon the Sponsor and the State (including <br />SS 5 and 7 of article 11 of the Texas Constitution, if <br />applicable) and to the availability of funds which lawfully <br />may be applied. <br /> <br />13. This contract is subject to the approval as to form by the <br />Attorney General of the state of Texas. <br /> <br />Page 11 of 14 <br />
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