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Agreement constitutes the valid and enforceable obligations of the County and the City in <br />accordance with its terms. <br />6.06 Amendments. No amendment, modification or alteration of the terms hereof shall be binding <br />unless it is approved by the governmental body of each party as required by the Act, is in writing <br />and dated subsequent to the date hereof and duly executed by the parties hereto. <br />6.07 Independent Parties. It is understood and agreed between the Parties that the County and the <br />City, in executing this Agreement, and in performing their respective obligations, are acting <br />independently, and not in any form of partnership or joint venture. <br />6.08 Construction. The captions and headings contained in this Agreement are solely for convenient <br />reference and will not be deemed to affect the meaning or interpretation of any provision or <br />paragraph hereof. Should any provision in this Agreement be found or deemed to be invalid, this <br />Agreement will be construed as not containing such provision, and all other provisions which are <br />otherwise lawful will remain in full force and effect, and to this end the provisions of this <br />Agreement are declared to be severable. <br />6.09 Conflict with Applicable Law. Nothing in this Agreement shall be construed so as to require the <br />commission of any act contrary to law, ordinance or administrative executive or judicial <br />regulation, order or decree, or amendment thereof, contrary to which the parties have not legal <br />right to contract, the latter shall prevail, but in such event the affected provision or provisions of <br />this Agreement shall be modified only to the extent necessary to bring them within the legal <br />requirements and only during the time such conflict exists. <br />6.10 No Waiver. No waiver by a Party of any breach of any provision of this Agreement shall be <br />deemed to be a waiver of any preceding or succeeding breach of the same or any other <br />provision hereof. <br />6.11 Public Information Act. City and County are governed by the Texas Public Information Act, <br />Chapter 552 of the Texas Government Code. This Agreement and all written information <br />generated under this Agreement may be subject to release under this Act. <br />6.12 Additional Documents. The City and the County covenant and agree that they will execute such <br />other and further instruments and documents as are or may become necessary or convenient to <br />effectuate and carry out the terms of this Agreement. <br />6.13 Compliance with Laws. In performing this Agreement, the City will comply with all local, state <br />and federal laws. <br />IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their <br />authorized officers the day and year first above written. <br />(SIGNATURES FOLLOW ON THE NEXT PAGE) <br />5 <br />CoSM /Hays — Amended Disaster ILA <br />