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applicable to such actions. <br />L. Order of Precedence. In the event of an inconsistency among the terms of this <br />Agreement, or between its terms and any applicable statute or regulation, the <br />inconsistency shall be resolved by giving precedence in the following order: <br />a) Applicable Federal statutes and regulations; <br />b) The laws of the State of Texas applicable hereto; <br />c) Statement of work; and then <br />d) The remaining provisions of this Agreement, including any materials <br />incorporated by reference. <br />The United States Fish and Wildlife Service shall also comply fully with all other <br />applicable Federal laws and regulations in completing this work. Any other state, local or <br />tribal laws and regulations in other than those cited in this agreement, which are known <br />by the requesting party to be applicable to the work of this Agreement shall be listed here <br />or in a separate attachment to this agreement: <br />• Non - discrimination - In carrying out the terms of this Agreement, the <br />parties agree to comply with Executive Order 99 -4 prohibiting <br />discrimination in employment, the provisions of which are incorporated <br />herein by reference. <br />In performing these services, the officers and employees of the U.S. Fish and Wildlife <br />service continue to be bound by all ethical laws and rules normally applicable to Federal <br />officers and employees. <br />M. Warranty of Services: The United States Fish and Wildlife Service will make every <br />reasonable effort to provide the services and deliverables as described in this Agreement. <br />However, as a Federal agency, it cannot provide either an express or implied warranty for <br />its services and products. <br />United States Fish and Wildlife Service: <br />San Marcos Aquatic Resources Center: <br />City of San Marcos: <br />ARC Agreement 2014 -2019 <br />7 <br />Jeffrey T. Hutchinson, Botanist <br />U.S. Fish and Wildlife Service - <br />San Marcos Aquatic <br />Resources Center <br />500 East McCarty Lane <br />San Marcos, Texas 78666 <br />James R. Nuse, P.E., City Manager <br />City of San Marcos <br />630 E. Hopkins <br />