Common use of Mandamus Clause in Contracts

Mandamus. The provisions of this Agreement shall be a contract with the Bank. To the extent authorized by Texas Government Code Section 1371.059(c), the City has, in this Agreement, waived sovereign immunity (including, without limitation, governmental immunity or other similar grounds) from suit and liability for the purposes of adjudicating a claim to enforce this Agreement and/or the Fee Agreement or for damages for breach of this Agreement and/or the Fee Agreement. The City further represents that to the extent its obligations hereunder, under the Fee Agreement and under the other Related Documents to which it is a party represent the legal obligations of the City, (a) the City’s non-discretionary duties are subject to enforcement in Texas courts of competent jurisdiction by writ of mandamus, and (b) the City is not immune to an equitable mandamus action.

Mandamus. The provisions of this Agreement shall be a contract with the Bank. To the extent authorized by Texas Government Code Section 1371.059(c), the City has, in this Agreement, waived sovereign immunity (including, without limitation, governmental immunity or other similar grounds) from suit and liability for the purposes of adjudicating a claim to enforce this Agreement and/or the Fee Agreement or for damages for breach of this Agreement and/or the Fee Agreement. The City further represents that to the extent its obligations hereunder, under the Fee Agreement and under the other Related Documents to which it is a party represent the legal obligations of the City, (a) the City’s its non-discretionary duties are subject to enforcement in Texas courts of competent jurisdiction by writ of mandamus, and (b) the City is not immune to an equitable mandamus action.