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ARTICLE IV INDEMNIFICATION/IMMUNITY/INSURANCE <br /> 4.1 To the extent authorized by Texas law, without the creation of an interest and sinking <br /> fund, each Party agrees to release,defend, indemnify,and hold harmless the other Party <br /> (and its officers, agents, and employees)from and against all claims, losses, damages, <br /> cause or causes of action for injuries (including death), property damages (including <br /> loss of use), and any other losses, demands, suits, judgments, and costs in any way <br /> arising out of related to, or resulting from the indemnifying Party's breach or default <br /> in the performance of any of its obligations under this Agreement, or caused by the <br /> negligent acts or omissions of its respective officers, agents,employees,or any other third <br /> Parties for whom it is legally responsible in connection with performing this Agreement. <br /> This Agreement and the indemnity provided herein is not intended to and will not create <br /> any cause of action for the benefit of third parties or any person not a Party to this <br /> Agreement. This indemnity will survive the termination or expiration of this Agreement. <br /> 4.2 It is expressly understood and agreed that, in the execution of this Agreement, no Party <br /> waives, nor will be deemed hereby to have waived, any immunity or defense that would <br /> otherwise be available to it against claims arising in the exercise of governmental powers <br /> and functions. By entering into this Agreement, the Parties do not create any obligations, <br /> express or implied, other than those set forth herein, and this Agreement will not create any <br /> rights in Parties not signatories hereto. <br /> ARTICLE V COMPENSATION <br /> 5.1 In consideration of Buda's access to the SMPD System, as granted by the City, Buda will <br /> pay an annual fee of$1,500.00 toward hardware replacement. In addition, Buda will pay <br /> the City$125.00 per month for ongoing administrative support. The monthly payment will <br /> be paid before the 1St day of each calendar month beginning with the first calendar month <br /> immediately following the Commencement Date. The City reserves the right to adjust the <br /> annual fee to cover costs associated with this Agreement. The City will provide written <br /> notice to Buda six months prior to the start of Buda's fiscal year before any such cost <br /> adjustment is proposed. Such fees will cover Buda's access to and the City administration <br /> and maintenance of the SMPD System. <br /> ARTICLE VI MISCELLANEOUS <br /> 6.1 Applicable Law. This Agreement is governed by the laws of the State of Texas. <br /> 6.2 Place of Performance. Performance and exclusive venue for any dispute arising under this <br /> Agreement is in Hays County, Texas. <br /> 6.3 Entire Agreement. This Agreement, including any appendices and attachments, recitals <br /> and exhibits represents the entire and integrated Agreement between the Parties and <br /> supersedes all prior proposals, negotiations, representations, agreements, arrangements or <br /> understandings either written or oral between the Parties. No verbal agreement or <br /> conversation with any officer, agent,or employee of any party before or after the execution <br /> 4 <br />