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however, that no Default by the City shIrll entitle the Developer to (i) terminate this Agreement or <br />(ii) recover consequential or exemplary damages. Any financial obligation of the City will only be <br />payable from Assessments Revenues collected for the payment of Annual Collection Costs and <br />Delinquent Collection Costs. Any amounts or remedies due pursuant to this Areeme <br />gnt are not <br />subject to acceleration. <br />4.7 Remedies Outside the A&qgp1gepn1t�. Nothing in this Agreement constitutes a waiver <br />by the City of any remedy the City may have outside this Agreement against the Developer or any <br />other person or entity involved in the design, construction, or installation of the PID Projects. The <br />obligItions of the Developer hereunder shall be those of a Party hereto and not as an owner of <br />property in the PID. Nothing herein shall be construed as affecting the City's or the Developer's <br />rights or duties to perform their respective obligations under other agreements, use regulations, or <br />subdivision requirements relatM4 to■ the development property in the PlD. <br />%.,W <br />4.8 Applicable Law; Venue.. This Agreement is being executed and delivered and i <br />intended to be performed in the State of Texas. Except to the extent that the laws of the Unite <br />i <br />el <br />States may apply, the substantive laws of the State of Texas shall govern the interpretation an <br />enforcement of this Agreement. In the event of a dispute involving this Agreement, venue shal <br />lie in any court of competent jurisdiction in Lamar County, Texas. <br />4.9 Governmental Power, ,,Waivers, of Immugily. By its execution of this Agreement, <br />the City does not waive or surrender any of its governmental powers, immunities, or rights except <br />as follows: <br />4.9. 1. The City waives its governmental immunity from suit and immunity from <br />liability as to any action brought by the Developer to pursue the rernedies available under this <br />Agreement, but only to the extent necessary to pursue such remedies. Nothing in this section <br />shall waive any claims, defenses or immunities that the City has with respect to suits against the <br />City by persons or entities other than the Developer. <br />Nothing in this Agreement is intended to delegate or impair the <br />performance by the City of its governi-nental functions, and the City waives any claim or defense <br />that any provision of this Agreement is unenforceable on the grounds that it constitutes an <br />impermissible delegation or impairment of the City's performance of its goverm-nental functions. <br />4.9.3 The City acknowledges this Agreement is a contract subject to Texas <br />Local Government Code ChapterSubehapter 1. <br />4. 10 Notice. Any notice referenced in this Agreement must be in writing and shall be <br />deemed given at the addresses shown below: (a) when delivered by a nationally recognized <br />delivery service such as FedEx or UPS with evidence of delivery signed by any person at the <br />delivery address <br />on <br />reardless of whether such pers <br />gis the named addressee; or (b) 72 hours after <br />deposited with the United States Postal Service, Certified Mail, Return Receipt Requested. <br />To the CitA <br />Reimbursement Agreement <br />Forestbrook Public Improvement District No. I Page 14 <br />018581.000001\4908-9229-3155.v5 <br />