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DocuSign Envelope ID: BC925467-OOA5-46AD-9939-DB4A75713BED <br />of terms will be paid by the Contractor. This Agreement will not be considered as specifying the exclusive <br />remedy for any default, but all remedies existing at law and in equity may be availed of by either party and <br />will be cumulative. <br />The Contractor will not sublet or transfer any portion of its responsibilities and obligations under <br />this Agreement unless specifically authorized to do so in writing by the City. <br />F,111 40% <br />The Contractor will not assign or otherwise transfer its rights or obligations under this Agreement <br />except with the prior written consent of the City. <br />In the event that any one or more of the provisions contained in this Agreement will for any reason <br />be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability <br />will not affect any other provisions thereof and this Agreement will be construed as if such invalid, illegal, <br />or unenforceable provision had never been contained herein. <br />TICLE 11. GOVERNING LAWS AND VENUE <br />This Agreement will be construed under and in accordance with the laws of the State of Texas. <br />Any legal actions regarding the parties' obligations and any matters whatsoever arising from this <br />Agreement will be filed and maintained in Hays County, Texas. <br />TICLE 12. PRIOR AGREEMENTS SUPERSEDED <br />This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any <br />prior understandings or written or oral agreements between the parties respecting to this subject matter. <br />1:1:71Y[tl 1► M ► l <br />As applicable to this Agreement, the Contractor understands that funds for the payment for work <br />performed by the Contractor under this Agreement have been provided through the City's budget approved <br />by the City Council for the current fiscal year only. State statutes prohibit the obligation and expenditure <br />of public funds beyond the fiscal year for which a budget has been approved. The City cannot guarantee <br />the availability of funds and enters into this Agreement only to the extent such funds are made available. <br />The Contractor acknowledges and agrees that it will have no recourse against the City for its failure to <br />appropriate funds for the purposes for this Agreement in any fiscal year other than the year in which this <br />Agreement was executed. The fiscal year for the City extends from October Is' of each calendar year to <br />September 30' of the following calendar year. <br />The Contractor will hold harmless, indemnify, and defend the City and its employees, agents, <br />officers, and servants from any and all lawsuits, claims, demands, and causes, of action,cf,A y k aad arising , <br />from the negligent or intentional acts, errors, or omissions of the Contractor, its officers, employees, or <br />agents. This will include, but not be limited to, the amounts of judgments, penalties, interest, court costs, <br />reasonable legal fees, and all other expenses incurred by the City in favor or any party, including the <br />Page 3 of 6 <br />