2018-090 Resolution - Laserfiche WebLink

Home Browse Search

24.02 If any governmental unit, department, division, body or office referred to in this Agreement shall cease to exist or shall cease to retain any part of its powers and duties, material to the performance of this Agreement which are vested in them at the time of the execution of this Agreement, then all references to them shall be deemed to include whatever governmental units, department, division, body or office shall then succeed to or have the powers and duties material to performance of this Agreement without regard to title or formal designation. 24.03 PURVEYOR and MUNICIPALITY agree that in performing the rights, duties and obligations under this Agreement, they must at all times act in good faith. 24.04 MUNICIPALITY agrees that all ordinances, rules and regulations of PURVEYOR now or hereafter applicable to the operation, management and control of PURVEYOR'S water system shall be included in this Agreement for all purposes, provided the ordinances, rules and regulations are not in conflict with provisions of this Agreement. If any such ordinances, rules or regulations are in conflict with provisions of this Agreement, the provision of this Agreement shall apply. 24.05 Whenever under the terms of this Agreement, PURVEYOR is required to bear any expense or fund any improvement to the water system, MUNICIPALITY agrees the cost of said expense or funding shall be recovered from revenues of the Division of Water and not from PURVEYORS General Fund. ARTICLE 25. TERMINATION OF ALL PRIOR AGREEMENTS 25.01 All prior water service agreements, supplemental water service agreements and conditions of water service between PURVEYOR and MUNICIPALITY, verbal or written, are hereby terminated. 25.02 MUNICIPALITY and PURVEYOR release each other of any and all claims arising under or in connection with any previous water service agreements between them. ARTICLE 26. MODIFICATIONS• UNDERSTANDINGS; LEGALITY 26.01 No covenant, agreement or condition of this Agreement shall be waived, altered, or modified except by a written instrument executed by the party against whom enforcement of such waiver, alteration or modification is sought. No waiver of any covenant, term or condition of this Agreement shall affect any other covenant, term or condition of this Agreement. 26.02 This Agreement contains all the promises, agreements, conditions, inducements and understandings between MUNICIPALITY and PURVEYOR, and there are no promises, agreements, conditions, understandings, inducements, warranties, or representations, oral or written, express or implied, other than as set forth in this Agreement. 20