Smyrna IGA for Antenna 5.1.2026 edits
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3 claims, liens, cost and expenses, including attorney’s fees, arising out of or due to the performance of this Agreement County, its officers, employees, and agents whether negligent or not. This obligation shall be required of City’s service provider. This section will survive the termination of this Agreement. VIII. Miscellaneous. A. Governing Law, Jurisdiction. This Agreement and the rights and obligations of the Parties hereto (including third party beneficiaries) shall be governed, construed, and interpreted according to the laws of the State of Georgia. The Parties hereby submit to the exclusive jurisdiction of the Superior Court of Cobb County, Georgia, for the purposes of all legal proceedings arising out of or relating to this Agreement, and the Parties irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the venue of any such proceeding which is brought in such a court. B. Severability. If any provision of this Agreement shall be held or deemed to be or shall, in fact, be inoperative or unenforceable under any particular circumstances because it conflicts with any provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses, or sections contained in this Agreement shall not affect the remaining portions of this Agreement. C. Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. D. Amendments in Writing. No waiver, amendment, release, or modification of this Agreement shall be established by conduct, custom, or course of dealing, but solely by a document in writing duly executed and delivered by City or County. E. Notices. Except as otherwise specifically provided herein, all notices, certificates or other communications hereunder shall be sufficiently given and shall be deemed given when mailed by certified mail, return receipt requested, postage prepaid or when personally delivered or when sent by registered overnight mail or delivery service charges prepaid, or when so specified herein by Electronic Means, to the Parties hereto at the following addresses or such other address designated by such Party in writing: i. City: CITY OF SMYRNA Mr. Paul Osburn Director Public Works 2190 Atlanta Rd SE Smyrna, Ga 30080 posburn@smyrnaga.gov 678-631-5454 ii. County: Cobb County Manager 100 Cherokee Street