O-2010-3276 employment/lease agreement with Alex Osmond for operation of the Bay Forest Golf Course

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13. SEVERABILITY: In case one or more of the provisions contained in this Agreement (or any portion of any such provisions) shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement (or any portion of any such provisions), but this Agreement shall be construed as if such invalid, illegal or unenforceable provisions (or portion thereof) had never been contained herein. The failure by either party, at any time, to require performance by the other party of any of the provisions hereof, shall not be deemed a waiver of any kind, nor in any way affect the aggrieved party's right thereafter to enforce the same. 14. GOVERNING LAW: This Agreement and all rights, obligations and liabilities arising hereunder shall be construed and enforced in accordance with the laws of the State of Texas. Venue of any action hereunder shall be in Harris County, Texas. 15. ATTORNEYS FEES: In the event it becomes necessary to commence any proceeding or actions to enforce the provisions of this Employment and Lease Agreement, the Court before whom the same shall be tried may award to the prevailing party all costs and expenses thereof, including but not limited to, reasonable attorney's fees, the usual, customary and lawfully recoverable Court costs, and all other expenses in connection therewith. 16.IDEMNITY: Employee agrees to save and hold harmless City from any loss, claim, or liability including expenses of litigation and reasonable attorney's fees, which the City may incur, by reason of any act, negligence or omission, of Employee in connection with this Agreement. ies hereto have executed this Employment and Lease Agreement By: Ron Bottoms City Manager PRO. ,~PSla:: LESS~ (/~ I/n~_ Alex Osmond 6