Res 2016-017/Information Technology Inter Local Agreement with the San Marcos School District for shared network infrastructure

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5.8 Notice. Unless otherwise specified, any notice required or permitted to be delivered hereunder will be deemed received three days thereafter sent by United States Mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the address set forth below or on the day actually received if sent by courier or otherwise hand delivered to the following addresses: City of San Marcos: City Manager City of San Marcos 630 E. Hopkins San Marcos, Texas 78666 San Marcos CISD: Superintendent San Marcos CISD 501 South LBJ Drive San Marcos, Texas 78666 5.9 Multiple Originals. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which will be deemed an original for all purpose, but all of the counterparts will constitute one and the same instrument. 5.10 Public Information Act. The Parties understand that the City is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written and or digital information generated under this Agreement may be subject to release under the Act. It is agreed by all Parties to this agreement that the custodian of a record will be the Party that entered the data into the City's Network, if applicable. 5.11 Funding. The Parties acknowledge that each shall be responsible for funding related to their part of the shared connection and that there shall be no cost shared between Parties. In addition, the Parties acknowledge that funds for the payment for work performed by any of the Parties under the Agreement have been provided through the budget approved by the individual governing bodies for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. The Parties cannot guarantee the availability of funds, and enter into the Agreement only to the extent such funds are made available. The Parties acknowledge and agree that they will have no recourse against another for its failure to appropriate funds for the purposes of the Agreement in any fiscal year other than the year in which the Agreement was executed. 5.12 Consent and Approval. Unless otherwise expressly stated in this Agreement, whenever the consent or approval of a Party is required prior to the action to be taken by the other Party, such consent or approval will not be unreasonably withheld, denied, or delayed. 5.13 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the Parties, as well as any rights and benefits of the Parties, pertaining to a period of time following the termination of this Agreement will survive termination. 5