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3. Each government shall pay invoices directly to the providers of goods and <br /> services that are invoiced and delivered directly to each respective <br /> government. <br /> 4. Participation of either government in any cooperative purchasing activity is <br /> strictly voluntary. Nothing in this Agreement shall prevent either <br /> governments from purchasing and/or accepting and awarding bids, <br /> proposals and contracts subject to this Agreement on its own behalf. <br /> 5. Each government shall ensure that all applicable laws and ordinances have <br /> been satisfied. <br /> 6. Effective Date and Term. This Agreement shall be effective when the last <br /> patty signing causes the Agreement to be fully executed and will remain in <br /> MI force and effect indefinitely. Any party may modify and/or terminate <br /> this Agreement in accordance with Paragraphs 7 and 8,respectively. <br /> 7. Modification. The terms and conditions of this Agreement may be <br /> modified upon the mutual consent of all parties. Mutual consent will be <br /> demonstrated by approval of the governing body of each party hereto. No <br /> modification to this Agreement shall be effective and binding unless and <br /> until it is reduced to writing and signed by duly authorized representatives <br /> of all parties. <br /> 8. Termination. This Agreement may be terminated at any time by the City <br /> or The Colony, with or without cause, upon thirty (30) days written notice <br /> to the other party in accordance with Paragraph 11 herein. <br /> 9. Hold Harmless. To the extent allowed by law, the City and The Colony <br /> agree to hold each other harmless from and against any and all claims, <br /> losses, damages, causes of action, suits and liabilities of every kind, <br /> including all expenses of litigation, court costs and attorney's fees, for <br /> injury or death of any person,for damage to any property,or for any breach <br /> of contract, arising out of or in connection with the work done under this <br /> Agreement. <br /> 10. Invalidity. If any provision of this Agreement shall be held to be invalid, <br /> illegal, or unenforceable by a court or other tribunal of competent <br /> jurisdiction, the validity, legality and enforceability of the remaining <br /> provisions shall not in any way be affected or impaired thereby. The parties <br /> shall use their best efforts to replace the respective provision or provisions <br /> of this Agreement with legal terms and conditions approximating the <br /> original intent of the parties. <br /> 11. Written Notice. Unless otherwise specified,written notice shall be deemed <br /> to have been duly served if delivered in person, sent by email, by fax with <br /> successful send confirmation, or by certified mail to the last business <br /> address as listed herein. <br /> Co operativePurchasing Agreement—The City of San Marcos and the City of The Colony-2 - <br />