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10A Action 2010 0210
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10A Action 2010 0210
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Last modified
9/27/2010 9:44:02 AM
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9/16/2010 5:30:32 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/20/2010
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_CC Agenda 2010 0920
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2010\Packet 2010 0920
Reso 2010-124
(Reference)
Path:
\City Clerk\City Council\Resolutions\2010
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• <br /> on behalf of the Authority or the Users shall be for the sole and exclusive benefit of the other <br /> party. <br /> • Section 6.03. Successor Is Deemed Included In All References to Predecessor. <br /> Whenever the Authority or the User is named or referred to herein, such reference shall <br /> be deemed to include the successor to the powers, duties and functions that are presently vested <br /> in the Authority or the User, and all agreements and covenants required hereby to be performed <br /> by or on behalf of the Authority or the User shall bind and inure to the benefit of the respective <br /> successors thereof whether so expressed or not; provided, however, that the Authority shall not <br /> provide service from the Project to any successor to a User until such successor accepts in <br /> writing the obligations hereunder of the predecessor User. <br /> Section 6.04. 'Waiver of Personal Liability. <br /> No board member, officer or employee of User shall be individually or personally liable <br /> for the User Payment, but nothing contained herein shall relieve any board member, officer or <br /> . employee of User .from the performance of any official duty provided by any applicable <br /> provisions of law or hereby. <br /> • <br /> Section 6.05. Article and Section Headings, Gender and References. <br /> The headings or titles of the several articles and sections hereof and the table of contents <br /> appended hereto shall be solely for convenience of reference and shall not affect the meaning, <br /> construction or effect hereof, and words of any gender shall be deemed and construed to include <br /> all genders. All references herein to "Articles," "Sections" and other subdivisions or clauses are <br /> to the corresponding articles, sections, subdivisions or clauses hereof; and the words "hereby," <br /> "herein," "hereof," "hereto," "herewith," "hereunder" and other words of similar import refer to <br /> this Operating Agreement as a whole and not to any particular article, section, subdivision or <br /> clause hereof. <br /> Section 6.06. Partial Invalidity. <br /> If any one or more of the agreements or covenants or portions thereof contained herein <br /> required to be performed by or on the part of the Authority or the Users shall be contrary to the <br /> law, then such agreement or agreements, such covenant or covenants or such portions thereof <br /> shall be null and void and shall be deemed separable from the remaining agreements and <br /> covenants or portions thereof and shall in no way affect the validity hereof. The Authority and <br /> User hereby declare that they would have executed this Operating Agreement, and each and <br /> every other article, section, paragraph, subdivision, sentence, clause and phrase hereof <br /> irrespective of the fact that any one or more articles, sections, paragraphs, subdivisions, <br /> sentences, clauses or phrases hereof or the application thereof to any person or circumstance may <br /> be held to be unconstitutional, unenforceable or invalid. <br /> -21 <br /> Project Operating Agreement 082710 <br /> • <br />
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