2023-025 - Development Agreement with Lionshead Paris LLC

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DocuSign Envelope ID: OEE9F589-5B05-4961-9ACA-5229871D54CE herein shall not constitute a waiver of the City's or Developer's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 9.12 Force Maieure. The City and Developer shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and/or any other similar causes. 9.13 No Waiver of Governmental Immunity. Nothing contained in this Agreement shall be construed as a waiver of City's governmental Immunity, or of any damage caps or limitations imposed by law, or any other legal protections granted to City by law, except to the extent expressly provided or necessarily implied herein. 9.14 Mandato nership Disclosure Provision. Developer, in compliance with the laws of the State of Texas, will execute and file Form 1295, notice of interested parties, which can be found on the website of the Texas Ethics Commission at ... FileARe„ort. °i s www.ethics.state.tK.us�lin mfo/Quick �, M 9.15 MandatoAnti-Bo Cott and Other Provisions,. Developer acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. I. Pursuant to Section 2271.002 of the Texas Govemment Code, Developer certifies that either (i) it meets an exemption criterion under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the Agreement. Consultant acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ii. Pursuant to SB 13, 87th Texas Legislature, Developer certifies that either (i) it meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) it does not boycott energy companies, as defined in Section 1 of SB 13, 87th Texas Legislature, and will not boycott energy companies during the term of the Agreement. Developer acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate. ill. Pursuant to SB 19, 87th Texas Legislature, Developer certifies that either (i) it meets an exemption criterion under SB 19, 87th Texas Legislature; or (ii) it does not discriminate against a firearm entity or firearm trade association, as defined In Section 1 of SB 19, 87th Texas Legislature, and will not discriminate against a firearm entity or firearm trade association during the term of the Agreement. Developer acknowledges this Agreement may be terminated and payment withheld if this certification is inaccurate.