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1995-020-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY OF JANUARY 1995
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1995-020-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 9TH DAY OF JANUARY 1995
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8/18/2006 4:32:16 PM
Creation date
4/7/2005 12:02:35 AM
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CITY CLERK
Doc Name
1995
Doc Type
Resolution
CITY CLERK - Date
2/13/1995
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<br />I <br /> <br />Page 0 <br /> <br />" <br /> <br />;, <br /> <br />Lessee repreoento that in accordance with the above, it will report thio Leaoe to <br />the Internal Revenue Service by filing form OOJO-G or OOJO-GC, whichever io appropriate. <br />Lasoee underotando that failure to do 00 will cauoe the Leaoe to loDe ita tax exempt <br />otatuo. Therefore, Lecoee agreeo that it if tailo to file the appropriate form, the <br />interaot rate Det forth in the payment schedule will be adjuoted to an equivalent taxable <br />intereot rate. Notwithotanding the earlier termination or expiration of thio Leaoe, the <br />obligationo provided for in thio Section 13 ahall ourvivc ouch earlier termination or <br />expiration. <br /> <br />14. MISCELLANEOUS. (a) Noticeo. All noticeD (excluding billings and communications in <br />the ordinary couroe of buoincoo) hereunder chall be in writing, cent by certified mail, <br />return receipts requected, addreoncd to the other party at ita reopectivc addreoo etated <br />on the firG~ page of thin 1\greement or at ouch other addreco ac cuch party aha11 from <br />time to time deoignatc in writing to the other party; ohall be effective from the date of <br />mailing. <br /> <br />" <br /> <br />(b) Binding Effect. Thio 1\greement ohall inure to the benefit of and ohall be <br />binding upon Lea cor and Leooee and their rcopective oucceoooro and aoolqne. <br /> <br />(c) 1\pplicable Law. Thi~ 1\greement nhall be governed by and conatrued in <br />accordance with the lawn of the County of McLennan, state of Texao. <br /> <br />(d) Entire 1\greement Severability. Thio 1\greement con~titute~ the entire <br />Agreement between LeG cor and Leooee. No waiver, conGent, modification or change of terms <br />of t~ia Agreement ahall bind .either party unleUD in writing Gigned by both parti:es, and <br />then ouch waiver, consent, modification or change ahall be effective only in the specific <br />inotance and for the opecific purpooc given. There arc no underotandingo not opecified <br />herein regarding thiG Agreement or the Equipment leaDed hereunder. Any provision of this <br />1\greement which io prohibited or unenforceable in any jurindiction shall, an to ouch <br />juriodiction, be ineffective to the extent of ouch prohibition or unenforceability <br />withqut invalidating the remaining provioiono hereof, and any ouch prohibition or <br />unenforceability in any juriodiction ohall not invalidate or render unenforceable ouch <br />provi'sion in any other jurlodiction. To the 'extent permitted by applicable law, Laoaee <br />hereby waives any proviGion of law which rcndcra any provision hereof prohibited or <br />unenforceable in any rCGpcct. <br /> <br />(e) LeGDOr'S Right to Perform for Lesoee. If Leosee failo to perform or comply <br />with any of its agreement 0 contained herein, Lessor shall have the right, but shall not <br />be obligated, to effect ouch performance or compliance, and the amount of any out of <br />pocket expenoeD and other reaoonable expenDeD of LeODor incurred in connection with the <br />performance of or compliance with ouch 1\greement, together with intercat thereon at the <br />rate of twelve percent (12\) per annum (or ouch leoser amount aD may be permitted by <br />law), ahall be payable by LeDoee upon demand. <br />
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