Laserfiche WebLink
<br />9.10 Nothing contained in this Agreement shall be deemed or construed to create the <br />relationship of principal and agent, partnership, joint venture, landlord and tenant, or any <br />relationship or association whatsoever between CITY and PARTNERSHIP, other than as expressly <br />set forth herein. <br /> <br />9.11 This Agreement sets forth the entire understanding between the parties, and any other <br />understandings or agreements shall be cancelled and superseded by this Agreement upon the date <br />of execution hereof. None of the terms of this Agreement shall be waived, discharged, altered or <br />modified in any respect, except by an Agreement in writing signed by both parties and specifically <br />referring to this Agreement. The captions in this Agreement are included for convenience only and <br />shall not be taken into consideration in any construction or interpretation of this Agreement or any <br />of its provisions. This Agreement shall be governed by, construed and enforced in accordance with <br />the laws of the State of Texas. Venue for any state court actions arising hereunder shall lie <br />exclusively in the courts of Lamar County, Texas, and for any federal court action shall lie <br />exclusively in the courts of the Eastern District of Texas. The provisions of this Agreement shall <br />apply to, bind and inure to the benefit of the CITY and PARTNERSHIP, and their respective <br />successors, legal representatives and permitted assigns, if any, and not to any third party. <br /> <br />x. <br /> <br />City's Authority to Contract <br /> <br />10.1 (a) The parties recognize and agree that Section 34-2 of the Code of Ordinances of <br />the City of Paris requires that consumers or purchasers desiring water at minimum delivery <br />pressure, particular flow rate, volume in excess of 1.5 million cubic feet per month, or which <br />require construction of oversized additions to the CITY'S distribution system, be delivered <br />water pursuant to a written contract upon such terms, conditions and at such rate as may be <br />fixed by the City Council of the City of Paris. <br /> <br />(b) This Agreement is such a written contract. <br /> <br />ATTEST: <br /> <br /> <br />Janice Ellis City Clerk <br /> <br /> <br />PPR~VE AS T..O FORM -11..... __ <br />;Jl, ve~~-A <br /> <br />D. Lestock, Assistant City Attorney <br /> <br />Tenaska III Water Service Contract - Page 9 <br />