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Section 5.5 Funding Availability <br />The Contractor understands that funds for the payment for the services performed by the <br />Contractor under this Contract have been provided through the City 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 Contract only to the extent such funds are <br />made available. The Contractor acknowledges and agrees that it will have no recourse against the <br />City for its failure to appropriate funds for the purposes of this Contract in any fiscal year other <br />than the year in which the Contract is executed. The fiscal year for the City extends from October <br />1 st of each calendar year to September 30th of the following calendar year. <br />ARTICLE 6 <br />MISCELLANEOUS PROVISIONS <br />Section 6.1 Governing Law and Venue <br />This Contract is governed by and will be construed under the laws of the State of Texas. All <br />obligations of both parties are performable and exclusive venue for any dispute arising under this <br />Contract is in Hays County, Texas. <br />Section 6.2 Limitations <br />As to all acts or failures to act by either party to this Contract, any applicable statute of limitations <br />will commence to run and any alleged cause of action will be deemed to have accrued when the <br />party commencing the cause of action knew or should have known of the existence of the subject <br />act(s) or failure(s) to act. <br />Section 6.3 Partisan Political Activity <br />The Contractor will not use funds received by it directly or indirectly under the terms of this <br />Contract for any partisan political activity or to further the election or defeat of any candidate for <br />public office. <br />Section 6.4 Gratuities <br />The Contractor hereby affirms that the Contractor has not made or agreed to make any valuable <br />gift whether in the form of service, loan, thing or promise to any person or any of his/her immediate <br />family, having the duty to recommend, the right to vote upon, or any other direct influence on the <br />selection of contractors to provide these Services to the city within the two years preceding the <br />execution of this Contract. A campaign contribution as defined by the Texas Election Code or the <br />San Marcos City Code will not be considered as a valuable gift for the purposes of this Contract. <br />The City may terminate this contract if the City finds that gratuities (in the form of entertainment, <br />gifts or otherwise) were offered or given by the Contractor or any agent or representative of the <br />Contractor, to any officer or employee of the City to secure favorable treatment with respect to the <br />13 <br />Recycling Services Contract 20 11 <br />