Res 2015-085/Interlocal Agreement with Texas State University for cost sharing in connection with the design and construction of street, sidewalk, bicycle and pedestrian improvements along Sessom Drive

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term "will" is mandatory in this Agreement. 5.03. Binding Agreement. This Agreement will be binding upon the parties and their respective legal representatives, successors, and assigns. 5.04 Severability. If any the provision of this Agreement is held to be invalid or unenforceable by a court of proper jurisdiction, the holding will not affect any other provisions of this Agreement if the Agreement can be given effect without the invalid provision. The parties will construe the Agreement as if the invalid or unenforceable provision had not been contained in this Agreement. 5.05. Only Agreement. This Agreement, once signed, will constitute the only agreement of the parties regarding this subject and it supersedes any prior understandings or written instruments signed by representatives of either party. 5.06. Notice in Writing. Any notice required or permitted to be given by one party to the other will be in writing and the same will be deemed to have been served and given if delivered in person to the respective address specified below, or placed in the United States Mail to the respective address below, return receipt requested to the addresses below. City: City Manager City of San Marcos 630 E. Hopkins San Marcos, Texas 78666 Texas State: Vice President for Finance and Support Services Texas State University 601 University Drive San Marcos, Texas 78666 5.07. Performance of Further Acts. In addition to the acts expressly required to be performed by the City and Texas State under this Agreement, the parties agree to perform or cause to be performed at the closing or after closing any and all such further acts as may be reasonably necessary to consummate this Agreement. 5.08. Dispute Resolution. To the extent applicable to this Agreement, the parties will use the procedures in Chapter 2260, Subchapter B of the Texas Government Code to resolve any disputes arising under this Agreement. 5.09. Subject to Appropriation of Funds. The obligations of the parties are subject to the appropriation of funds during the fiscal year in which an obligation arises.