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Res 2016-175/approving an Interlocal Agreement between the City of San Marcos and Texas State University for the University’s assistance in the City’s implementation of three Edwards Aquifer Habitat Conservation Plan objectives in the total not-to-exceed
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Res 2016-175/approving an Interlocal Agreement between the City of San Marcos and Texas State University for the University’s assistance in the City’s implementation of three Edwards Aquifer Habitat Conservation Plan objectives in the total not-to-exceed
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2/13/2017 11:27:36 AM
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City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2016-175
Date
12/20/2016
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Section 4. Term <br />The term of this Agreement will commence on January 1, 2017 and will end on December 31, <br />2019 unless terminated by either party in accordance with Section 5) G). In the event the City <br />wishes to extend this Agreement it will do so by the issuance of an Authorization of Change in <br />Service attached as Attachment A no sooner than 30 calendar days prior to the termination date <br />and no later than the actual date of termination. <br />Section 5. Miscellaneous Provisions <br />A. Interlocal Cooperation: The City and the University agree to cooperate with each other in <br />good faith at all times during the term of this Agreement in order to achieve the purposes and intent <br />of this Agreement. Each party to this Agreement acknowledges and represents that this Agreement <br />has been executed by its duly authorized representative. <br />B. Entire Agreement: This Agreement, including appendices and referenced attachments <br />represents the entire and integrated agreement between the Parties and supersedes all prior <br />proposals, negotiations, representations, understandings and agreements either written or oral <br />between the Parties. This Agreement may not be modified or amended except by written <br />amendment or an authorization of change form executed by both Parties. Neither Party may assign <br />this Agreement without the written consent of the other party except that the Parties reserve their <br />constitutional, statutory and common law rights, privileges, immunities and defenses. <br />C. Invalid Provisions: Should any provision in this Agreement be found or deemed to be invalid, <br />this Agreement will be construed as not containing the provision and all other provisions which <br />are 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 />D. Applicable Law: This Agreement is governed by the laws of the State of Texas. Exclusive <br />venue for any dispute arising under this Agreement is in Hays County, Texas. <br />E. Interpretation: The parties acknowledge and confirm that this Agreement has been entered <br />into pursuant to the authority granted under the Act. All terms and conditions are to be construed <br />and interpreted consistently with the Act. <br />F. Public Information Act: The parties understand that the City is governed by the Texas Public <br />Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written <br />information generated under this Agreement may be subject to release under the Act. <br />G. Termination: Either party may terminate this Agreement for convenience and without cause <br />by giving a 30 calendar day advance written notice to the other party. However, the University <br />will complete all work assigned under this Agreement or will return the funds paid in advance for <br />the performance of the uncompleted work. <br />TSU Interlocal 2016 <br />4 <br />
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