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which are otherwise lawful will remain in full force and effect, and to this end the provisions of <br />this Agreement are declared to be severable. <br />D. Applicable Law: This Agreement is governed by the laws of the State of Texas. Exclusive <br />venue for any dispute arising under this Agreement is in Hays County, Texas. <br />E. Interpretation: The parties acknowledge and confirm that this Agreement has been entered <br />into pursuant to the authority granted under the Intergovernmental Cooperative Act of 1968 (31 U.S.C. <br />6505). All terms and conditions are to be construed and interpreted consistently with the Act. <br />F. Public Information Act: The parties understand that the City is governed by the Texas <br />Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all <br />written information generated under this Agreement may be subject to release under the Act. <br />G. Termination: Either party may terminate this Agreement by giving a 30 calendar day <br />advance written notice to the other party. However, the ARC will complete all work assigned <br />under this Agreement or will return the remainder of the funds paid in advance for the <br />performance of the uncompleted work. <br />H. Funding: The City and ARC acknowledge that funds for the payment for work performed <br />by ARC under the Agreement have been provided through the City's budget approved by City <br />Council for the current fiscal year only. State statutes prohibit the obligation and expenditure of <br />public funds beyond the fiscal year for which a budget has been approved. The City cannot <br />guarantee the availability of funds, and enters into the Agreement only to the extent such funds <br />are made available. The ARC acknowledges and agrees that it will have no recourse against the <br />City for its failure to appropriate funds for the purposes of the Agreement in any fiscal year other <br />than the year in which the Agreement was executed. The fiscal year for the City extends from <br />October 1 st of each calendar year to September 30th of the following calendar year. <br />I. Rights in Data: Any research data collected under this Agreement will be jointly owned by <br />the parties to this Agreement. Both parties will have complete and unlimited access to all such <br />data. In addition, all information, property and materials produced, created or supplied under <br />this Agreement, or copies thereof will be provided to the City upon completion of ARC's <br />services or termination of this Agreement. <br />J. Notice. Unless otherwise specified, written notice will be deemed to have been duly <br />served if delivered in person or sent by certified mail to the last address listed herein. <br />K. Governance. This agreement is entered into pursuant to and under the authority <br />granted by the laws of the United States of America and the State of Texas. The <br />provisions of this Agreement will be construed to conform to those laws. It is agreed by <br />the parties that this Agreement is neither a Federal assistance (i.e., a grant or cooperative <br />agreement) nor a Federal procurement agreement as those terms are defined at 41 U.S.C. <br />6301 - 6308. However, any awards of Federal assistance or procurement made by the <br />United States Fish and Wildlife Service in connection with this Agreement will conform <br />to the Federal laws and regulations, and Office of Management and Budget circulars, <br />ARC Agreement 2014 -2019 <br />6 <br />