04-23-18 Regular Meeting of the La Porte City Council

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satisfactory to the District, or that such failure is excusable, such determination shall conclude the investigation. (d) If the District determines that a failure to comply with a provision has occurred and that such failure is not excusable and has not been or will not be cured by the City in a manner and in accordance with a schedule reasonably satisfactory to the District, then the District may pursue the remedies provided in Section 9.04. Section 9.04 Remedies. (a) In the event of a determination by the City that the District has committed a material breach of this Agreement the City may, subject to the provisions of Section 9.02, file suit in a competent jurisdiction in Harris County, Texas, and seek either (1) specific performance, (ii) injunctive relief, (iii) an action under the Uniform Declaratory Judgment Act, or (iv) termination of this Agreement. (b) In the event of a determination by the District that the City has committed a material breach of this Agreement, the District may, subject to the provisions of Section 9.03, file suit in a court of competent jurisdiction in Harris County, Texas, and seek (1) specific performance, (ii) injunctive relief, (iii) an action under the Uniform Declaratory Judgment Act, or (iv) termination of this Agreement. If the District terminates the Agreement, the City may, at its sole option, convey the City Facilities and Facilities previously conveyed by the District to the City back to the District, and the District shall thereafter operate, maintain, and repair same. (c) Neither party shall be liable for any monetary damages of the other party for any reason whatsoever, including punitive damages, exemplary damages, consequential damages or attorneys' fees. ARTICLE X BINDING AGREEMENT, TERM, AND AMENDMENT Section 10.01 Beneficiaries. This Agreement shall bind and inure to the benefit of the City and the District, their successors and assigns, including any additional districts created by division of the District. Section 10.02 Term. This Agreement shall remain in effect until the earlier to occur of (i) the dissolution of the District by the City or (ii) the expiration of thirty (30) years from the date hereof. Section 10.03 Termination. In the event this Agreement is terminated as provided in this Agreement or is terminated pursuant to other provisions, or is terminated by mutual agreement of the parties, the parties shall promptly execute and file of record, in the Real Property Records of Harris County, Texas, a document confirming the termination of this Agreement, and such other documents as may be appropriate to reflect the basis upon which such termination occurred. 13