Capacity of City's Designee Sample Clauses

Capacity of City's Designee. City's Designee" shall mean the City Manager or his designee. The City's Designee shall have full authority to administer those portions of this Agreement specifically stated herein. Notwithstanding anything to the contrary in the Agreement, all references in the Agreement to "City's Designee" or to employees, agents, representatives, contractors and the like of City shall refer only to persons acting in the City's capacity as the owner of the Site and thus all such references specifically exclude any employees, agents, representatives, contractors and the like acting in connection with the performance of the Governmental Functions of the City. Without limiting the foregoing, all police, fire, permitting, regulatory, water and power, health and safety and sanitation employees of the City shall be deemed to be acting in connection with the performance of the Governmental Functions of the City. A delay in the City's performance of its Governmental Functions, whether resulting from the City's acts or failure to act, will extend the schedule and the Company's performance obligations a like amount of days. The parties acknowledge that City is a municipal corporation operating pursuant to its Charter in addition to being the owner of the Site, and that no representation, consent, approval or agreement by City's Designee shall be binding upon, constitute a waiver by or estop the City from exercising any of its rights, powers or duties in connection with its Governmental Functions nor will any portion of any action by the City's Designee be deemed to waive any immunities granted to the City when performing its Governmental Functions, which are provided under Applicable Law, including Section 101.0215(a), TEXAS CIVIL PRACTICE AND REMEDIES CODE, as may be amended or replaced. For example, approval by the "City" of project design provided in Section 1.9 shall not constitute satisfaction of any requirements of, or the need to obtain any approval by, the City's Fire Department, Planning and Development Department, Capital Improvement Projects Department, and any other applicable department acting in connection with the performance of the Governmental Functions of the City. Further, any consent to jurisdiction by City is only with respect to matters arising in its capacity as a party to the Agreement and expressly does not constitute a waiver of the City's governmental immunity or a consent to jurisdiction for any actions, omissions or circumstances, in each case arisin...
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