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G. Legal Authority; Approval by the Parties. The Parties each affirm and certify that <br />they have the legal authority to enter into this Funding Contract, and that their execution of this <br />Funding Contract has been duly authorized by action of their governing bodies as required by <br />Section 791.011(d) (1), Texas Government Code; and that each Party has taken all necessary <br />official action to approve this Funding Contract. Each Party to this Funding Contract represents <br />to the others that it is empowered by law to execute this Funding Contract and other agreements <br />and documents and to give such approvals, in writing or otherwise, as are or may hereafter be <br />required to accomplish the same. <br />H. Severability. Tli.e invalidity of any provision or provisions of this Funding Contract <br />shall not affect any other provision of this Funding Contrac , which shall remain in full force and <br />effect, nor shall the invalidity of a portion of any provision of this Funding Contract affect the <br />balance of such provision. <br />I. Waiver. Notwithstanding anything to the contrary contained in this Funding <br />Contract, any right or remedy or any default under this Funding Contract, except the right of a <br />Party to receive the payments from another Party, which will never be determined to be waived, <br />will be deemed to be conclusively waived unless asserted by a proper proceeding at law or in <br />equity within four (4) years after the occurrence of such default. No waiver or waivers of any <br />breach or default (or any breaches or defaults) by any Party hereto or of the performance by any <br />other Party of any duty or obligation hereunder will be deemed a waiver thereof in the future, nor <br />will any such waiver or waivers be deemed or construed to be a waiver of subsequent breaches or <br />defaults of any kind, character or description, under any circumstances. Termination of this <br />Funding Contract for breach shall not constitute a waiver of any rights or remedies available at <br />law or in equity to a Party to redress such breach. All remedies, either under this Funding Contract <br />or at law or in equity or otherwise available to a Party, are cumulative and not alternative and may <br />be exercised or pursued separately or collectively in any order, sequence or combination. In <br />addition, to these provisions, applicable provisions of this Funding Contract shall survive any <br />termination of this Funding Contract. <br />J. Exhibits. The Exhibits, schedules and /or other documents attached hereto or <br />referred to herein, are incorporated herein and made a part of this Funding Contract for all <br />purposes. As used herein, the expression "Funding Contract" means the body of this Contract and <br />such attachments, Exhibits, schedules and /or other documents, and the expressions "herein," <br />"hereof," and "hereunder" and other words of similar import refer to this Funding Contract and <br />such attachments, exhibits, schedules and /or other documents as a whole and not to any particular <br />part or subdivision thereof. <br />K. Attorneys' Fees; Costs. If any legal action, arbitration or other proceeding is <br />brought for the enforcement of this Funding Contract or because of an alleged breach or default <br />relating to this Funding Contract, the successful or prevailing party shall be entitled to recover <br />reasonable costs incurred, including but not limited to attorneys' fees, in such action or proceeding <br />in addition to any other relief to which it or they may be entitled. <br />L. No Third Party Beneficiary; No Partnership. This Funding Contract is not intended <br />to confer any rights, privileges or causes of action upon any third party other than the Parties to <br />9of14 <br />