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notice, the City of San Marcos /Texas State University shall, within sixty (60) days, deliver or make <br />copies available to the EAA, all data, drawings, specifications, reports, estimates, summaries, and <br />such other information and materials as may have been accumulated by the City of San <br />Marcos /Texas State University in the performance of this Funding Contract, whether completed <br />or in process. <br />ARTICLE XI <br />GENERAL <br />A. Entire Funding Contract; Modification. This Funding Contract and the attached <br />exhibits constitute the entire agreement between the Parties (other than the FMA and those related <br />documents specifically referred to herein including but not limited to the approved Application) <br />relating to the rights granted and the obligations assumed herein. There are no representations, <br />warranties, agreements or commitments between the Parties hereto except as set forth herein. Any <br />oral representations, modifications, or amendments concerning this Funding Contract shall be of <br />no force or effect. No representations, modifications, or amendments to this Funding Contract <br />shall be binding on the Parties unless in writing, properly approved, and signed by both Parties. <br />This Funding Contract may be amended only by written agreement of all of the Parties. No change, <br />amendment, or modification of this Funding Contract will be made or be effective that will cause <br />this Funding Contract to diverge from or create an inconsistency with any EAHCP Program <br />Document. <br />B. Counterparts. This Funding Contract may be executed in two or more counterparts, <br />each of which shall be deemed an original but all of which together shall constitute one and the <br />same instrument. <br />C. Succession and Assignment. The provisions of this Funding Contract shall be <br />binding upon and inure to the benefit of the Parties and their respective successors and assigns; <br />provided, however, neither Party may assign any of its rights or delegate any of its duties hereunder <br />without written consent from the other Party. <br />D. Applicable Law; Venue. This Funding Contract is deemed to have been made in <br />and to be performable in the State of Texas, and shall be construed in accordance with and <br />governed by the laws of the State of Texas. It is specifically agreed among the Parties that in the <br />event that any legal proceeding is brought to enforce this Funding Contract or any provision hereof, <br />the same will be brought in the county in which the principal administrative offices of the <br />Defendant are located. <br />E. Headings. The heading and captions of the various sections of this Funding <br />Contract are for convenience and descriptive purposes only and shall not be used to interpret or <br />construe its provisions, nor alter or affect the terms and conditions of this Funding Contract. <br />F. Interpretation. This Funding Contract or any portion thereof shall not be interpreted <br />by a court of law to the detriment of a Party based solely upon that Party's authorship of the <br />Funding Contract or any portion thereof. <br />8of14 <br />