Res 2016-005/approving an interlocal agreement with the Lower Colorado River Authority for the design, installation and commissioning of a Solar/Photovoltaic System at Five-Mile Dam Park

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27. Surplus Material. Unless otherwise directed in writing by LCRA, upon Final Completion, LCRA shall promptly remove all excess surplus material from the site. If surplus materials are not removed from the site within thirty (30) days of Final Completion of the Work, San Marcos may dispose of the materials and offset the cost associated with disposal against the unpaid balance of the contract price. 28. Termination for Cause. LCRA may terminate this Agreement, or any part of it, for cause in the event of any material default by San Marcos, including the failure to make timely payment. San Marcos may terminate this contract for any material default by LCRA, including: (i) LCRA's unexcused failure to complete the Project in a timely manner; (ii) LCRA's failure to timely pay any sums actually due and owing to any subcontractor, supplier, materialman, or vendor, or (iii) LCRA's failure to maintain a safe jobsite, free from environmental contamination. In the event of termination for cause by LCRA, San Marcos shall only be liable to LCRA for products already ordered and Work already performed and accepted by San Marcos as satisfactory, and for any and all damages sustained by reason of any default giving rise to the termination. In the event of termination for cause by San Marcos, LCRA shall be responsible to San Marcos for any direct damages caused by LCRA's default giving rise to the termination, but not for replacement or costs to complete the Project. 29. Attorneys Fees. The Parties agree that a prevailing Party in a legal action to enforce this Agreement shall have the right to recover reasonable court costs and attorney's fees, as authorized by section 271.159, Texas Local Government Code. The Parties acknowledge and agree that this Agreement is a written agreement stating the essential terms for the Project for LCRA to provide goods and services to San Marcos within the meaning of Section 271.151, Texas Local Government Code. THE PARTIES FURTHER ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUBJECT TO THE TERMS OF CHAPTER 271, INCLUDING SUBCHAPTER I, TEXAS LOCAL GOVERNMENT CODE, AS THAT CHAPTER IS IN EFFECT ON THE EFFECTIVE DATE. 30. Interlocal Certification. The Parties certify that (1) the services described herein and to be provided under this Agreement are necessary and essential for activities that are properly within the Parties' statutory functions; (2) the proposed arrangements serve the interests of efficient and economical administration of the Parties' authorized functions, and (3) the services, supplies, or materials contracted for are not required by Article XVI, Section 21 of the Texas Constitution to be supplied under a contract given to the lowest responsible bidder. 31. Non - Waiver. A Party's failure to insist on performance of any of the terms or conditions herein; to exercise any right or privilege hereunder, or to waive any breach hereunder, shall thereafter constitute a waiver of any other terms, conditions, privilege, or breach of this Agreement. Nothing in this Agreement is intended to waive any immunity from suit or liability to which a Party may be entitled by law, except for acts in violation of the criminal laws. 32. Title. The titles and section headings of this Agreement are included for convenience only and shall not be deemed to constitute a part of this Agreement. Interlocal Agreement for Solar Energy Facility LCRA —San Marcos page 7