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<br />not be assigned or transferred by either party, without the <br /> <br /> <br />prior written consent of the other party; however, that <br /> <br /> <br />PARTNERSHIP shall have the right to pledge or mortgage its <br /> <br />rights hereunder as security for its indebtedness without <br /> <br />approval of the CITY. <br />9.6 The CITY will not be responsible in damages for <br /> <br />/ any interruption or failure to supply water and shall be <br />saved and held harmless from all damage of any kind, nature <br />and description which may arise as a result of making this <br />agreement and furnishing water hereunder, except where the <br />CITY has the ability to supply the water and refuses so to <br /> <br />do, or where the CITY has failed to abide by any of its <br /> <br />obligations under this Agreement. <br /> <br /> <br />9.7 Any written notice required or permitted under the <br /> <br /> <br />terms of this Agreement shall be given and be deemed to have <br /> <br />been duly served if either (1) delivered in person, or (2) <br /> <br />deposited certified mail, return receipt requested, postage <br /> <br />prepaid in the United States mail, addressed to the desig- <br /> <br />nated representative of the respective parties which are <br /> <br />designated as follows: <br /> <br />TENASKA III TEXAS PARTNERS <br /> <br />CITY <br /> <br />Plant Manager <br />Tenaska III Texas Partners <br />301 Lake Crook Road <br />P. O. Box 932 <br />Paris, TX 75461 <br /> <br />City Manager <br />City of Paris <br />P. O. Box 9037 <br />Paris, TX 75461-9037 <br /> <br />-10- <br />