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2003-047-RES AUTHORIZE INTERLOCAL AGREEMENT FOR TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE
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2003-047-RES AUTHORIZE INTERLOCAL AGREEMENT FOR TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE
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8/18/2006 4:27:58 PM
Creation date
3/10/2003 9:29:19 PM
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CITY CLERK
Doc Name
2003
Doc Type
Resolution
CITY CLERK - Date
2/10/2003
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<br />- <br /> <br />make the Agreement subject to termination on ten (10) days written notice to the <br />Cooperative Member. <br /> <br />5. Coordinator. The Cooperative Member agrees to appoint a program coordinator who shaIl <br />have express autlJority to represent and bind the Cooperative Member, and the Cooperative <br />will not be required to contact any other individual regarding program matters. Any notice <br />to or any agreements witlJ tlJe coordinator shaIl be binding upon tlJe Cooperative Member. <br />The Cooperative Member reserves the right to change the coordinator as needed by giving <br />written notice to the Cooperative. Such notice is not effective until actually received by the <br />Cooperative. <br /> <br />6. Current Revenue. The Cooperative Member hereby warrants that all payments, <br />contributions, fees, and disbursements required of it hereunder shaIl be made from current <br />revenues budgeted and available to the Cooperative Member. <br /> <br />7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative <br />to regulate the commencement, defense, intervention, or participation in a judicial, <br />administrative, or other governmental proceeding or in an arbitration, mediation, or any <br />other form of alternative dispute resolution, or other appearances of the Cooperative and/or <br />any past or current Cooperative Member in any litigation, claim or dispute, and to engage <br />counsel and appropriate experts, in the Cooperative's sole discretion, with respect to such <br />litigation, claim or disputes. The Cooperative Member does hereby agree that any suit <br />brought against the Cooperative or a Cooperative Member may be defended in the name <br />of tlJe Cooperative or the Member by the counsel selected by the Cooperative, in its sole <br />discretion, or its designee, on behalf of and at the expense of the Cooperative as necessary <br />for the prosecution or defense of any litigation. FuIl cooperation by the Cooperative <br />Member shall be extended to supply any information needed or helpful in such prosecution <br />or defense. Subject to specific revocation, the Cooperative Member hereby designates tlJe <br />Cooperative to act as a class representative on its behalf in matters arising out of tlJis <br />Agreement. <br /> <br />8. Governance. The Board of Trustees (Board) will govern the Cooperative in accordance <br />with tlJe Bylaws. Travis County, Texas will be the location for filing any dispute, claim <br />or lawsuit. <br /> <br />9. Limitations of Liability. COOPERATIVE, ITS ENDORSERS (TEXAS ASSOCIATION <br />OF SCHOOL BOARDS, TEXAS ASSOCIATION OF COUNTIES, AND TEXAS <br />MUNICIPAL LEAGUE) AND SERVICING CONTRACTOR (TEXAS ASSOCIATION <br />OF SCHOOL BOARDS) DO NOT WARRANT THAT THE OPERATION OR USE OF <br />COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. <br />COOPERATIVE, ITS ENDORSERS AND SERVICING CONTRACTORS, HEREBY <br />DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD <br />TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS <br /> <br />Page 4 of 6 <br />
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