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34.Interlocal agreement SURRMA
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34.Interlocal agreement SURRMA
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2/24/2012 8:12:36 PM
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2/24/2012 8:12:35 PM
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CITY CLERK
Doc Name
34
Doc Type
Agenda
CITY CLERK - Date
2/27/2012
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<br /> <br /> <br /> <br /> <br /> <br /> SECTION 13: Force Majeure. In the event that the performance of any of the parties of <br /> any obligations or undertakings hereunder shall be interrupted or delayed by any occurrence and <br /> not occasioned by the conduct of such party hereto, whether such occurrence be an act of God or <br /> the common enemy or the result of war, riot, civil commotion, sovereign conduct, or the act or <br /> conduct of any person or persons not party or privy hereto, then it shall be excused from such <br /> performance for such period of time as is reasonably necessary after such occurrence to remedy <br /> the effects thereof. <br /> <br /> SECTION 14: Holiday. If the date for making any payment or the last date for <br /> performance of any act or the exercising of any right, as provided in this Agreement, is not a <br /> business day, such payment may be made or act performed or right exercised on the next <br /> succeeding business day with the same force and effect as if done on the date provided therefor <br /> herein. <br /> SECTION 15: Counterparts. This Agreement may be executed in any number of <br /> counterparts, each of such counterparts shall for all purposes be deemed to be an original, and all <br /> such counterparts shall together constitute one and the same instrument. <br /> <br /> SECTION 16: Entire Agreement. This Agreement contains the entire agreement between <br /> the parties pertaining to the subject matter hereof and fully supersedes all prior agreements and <br /> understandings between the parties pertaining to such subject matter. <br /> <br /> SECTION 17: Captions. The section headings appearing in this Agreement are for <br /> convenience of reference only and are not intended, to any extent and for any purpose, to limit or <br /> define the text of any section or any subsection hereof. <br /> <br /> SECTION 18: Incorporation of Preamble Recitals. The recitals contained in the <br /> preamble hereof are hereby found to be true, and such recitals are hereby made a part of this <br /> Agreement for all purposes and are adopted as a part of the judgment and findings of the <br /> governing bodies of each of the Participants and the Board of Directors of the Authority. <br /> <br /> SECTION 19: Inconsistent Provisions. All ordinances and resolutions, or parts thereof, <br /> which are in conflict or inconsistent with any provision of this Agreement are hereby repealed to <br /> the extent of such conflict, and the provisions of this Agreement shall be and remain controlling <br /> as to the matters provided herein. <br /> <br /> SECTION 20: Governing. This Agreement shall be construed and enforced in <br /> accordance with the laws of the State of Texas and the United States of America. <br /> SECTION 21: Severability. If any provision of this Agreement or the application thereof <br /> to any person or circumstance shall be held to be invalid, the remainder of this Agreement and <br /> the application of such provision to other persons and circumstances shall nevertheless be valid, <br /> and the Authority and the County hereby declare that this Agreement would have been enacted <br /> without such invalid provision. <br /> <br /> SECTION 22: Construction. Unless the context requires otherwise, words of the <br /> masculine gender shall be construed to include correlative words of the feminine and neuter <br /> genders and vice versa, and words of the singular number shall be construed to include <br /> correlative words of the plural number and vice versa. This Agreement and all the terms and <br /> <br /> 95422970.4 -8- <br /> 259 <br />
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