2025-020 - Approve cost sharing agreement between the City and Fikes Wholesale for Street Improvements to a portion of 7th Street Southwest

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reasonable diligence to overcome the effect thereof, and to resume performance hereunder at the earliest moment reasonably possible. 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. Notwithstanding the foregoing, the City waives any immunity it may have related to being sued for breach of this Agreement. Both Parties expressly acknowledge that they may be sued for breach of this Agreement. 9.14 Mandator Ownership Disclosure Provision. Fikes, 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 Ilik3s.state N�^ �u��uaa uu wwiawlll i! �'i ��muui .. lla 9.15 Mwandato Anti -Boycott and Other Provisions. Fikes acknowledges this Agreement may be terminated if this certification is inaccurate. Notwithstanding any other provision in this Agreement, if this Agreement is terminated for any reason, other than a violation of this Paragraph 9.15, the full amount of money that was paid by Fikes to the City under this Agreement shall be refunded to Fikes in full. i. Pursuant to Section 2271.002 of the Texas Government Code, Fikes 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. Fikes acknowledges this Agreement may be terminated if this certification is inaccurate. ii. Pursuant to SB 13, 87th Texas Legislature, Fikes 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. Fikes acknowledges this Agreement may be terminated if this certification is inaccurate. iii. Pursuant to SB 19, 87th Texas Legislature, Fikes 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. Fikes acknowledges this Agreement may be terminated if this certification is inaccurate. iv. Pursuant to Subchapter F, Chapter 2252, Texas Government Code, Fikes certifies it is not engaged in business with Iran, Sudan, ora foreign terrorist organization. Fikes acknowledges this Agreement may be terminated if this certification is inaccurate. --Signature Page to Follow--