Res 2015-005/approving interlocal contract with EAA, Texas State University for the expansion of the COSM Reclaimed Water System

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exhibits, schedules and/or other documents as a whole and not to any particular part or subdivision thereof. Section 14.11. Costs. If any legal action, arbitration, or other proceeding is brought by a Parry for the enforcement of this Contract or because of an alleged breach or default of this Contract, the prevailing Party shall be entitled to recover reasonable costs incurred, in such action or proceeding in addition to any other relief to which it or they may be entitled. Section 14.12. Authority to Contract. Each Party represents and warrants for the benefit of the other Party that: (1) it has the legal authority to enter into this Contract; (2) this Contract has been duly approved and executed; (3) no other authorizations or approvals are or will be necessary in order to approve this Contract and to enable that Party to enter into and comply with the terms and conditions of this Contract; (4) the person executing this Contract on behalf of each Party has the authority to bind that Party; and (5) the Party is empowered by law to execute any other agreement or documents and to give such other approvals, in writing or otherwise, as are or may hereafter be required to implement and comply with this Contract. Section 14.13. Officers or Agents. No officer or agent of the Parties is authorized to waive or modify any provision of this Contract. No amendment to or rescission of this Contract may be made except by a written document signed by the Parties' authorized representatives. Section 14.14. Title IX. Texas State University System (TSUS) colleges and universities, including Texas State University, strictly adhere to Title IX of the Education Amendments of 1972, the federal Campus Sexual Violence Elimination Act; United States Department of Education regulations and directive; and TSUS Sexual Misconduct Polity and Procedures ( "Regulations "). Specifically, the Regulations apply to all students, employees, visitors, and other third parties on Texas State University — controlled property and non - controlled property, including institutions and entities with whom Texas State University places its students. As a condition of employment, enrollment, doing business, being permitted to do business on all on campus and off campus sites used by Texas State University, and/or being permitted to officially work with, sponsor, affiliate, and/or otherwise interact with Texas State University students, employees, visitors, and other third parties on and/or off Texas State University controlled property, the above mentioned individuals, organizations, and entities must agree to: 1) Report immediately to the Texas State University's Title IX coordinator any and all claims of sex discrimination or sexual misconduct; 2) Cooperate with Texas State University's Title IX investigation, including coordinating any third party investigation with that conducted by the Texas State University; and 3) Cooperate fully with all sanctions that Texas State University may impose against such individual, organization, or entity, who is found to have violated the Sexual Misconduct Policy and Procedures. If the individual, organization, or entity fails to adhere to any of the aforementioned requirements, Texas State University reserves the rights to take appropriate action, including but not necessarily limited to, immediate removal from campus; immediate disassociation with Texas State University students, employees, or associated third parties; discipline of employees and students (including termination of employment and/or expulsion from school); termination of business, contractual, and/or non - contractual relationships; and termination of affiliation agreements. 9of11