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recourse against the other for its failure to appropriate funds for the purposes of this Agreement <br />in any fiscal year other than the year in which this Agreement was executed. The fiscal year <br />for both Kyle and San Marcos extends from October I st of each calendar year to September <br />30th of the following calendar year. <br />C. Entire Agreement: This Agreement contains the entire agreement between the parties and <br />supersedes all prior understandings and agreements between the parties regarding such matters. <br />This Agreement may not be modified or amended except by written agreement executed by <br />both parties. Neither party may assign this Agreement without the written consent of the other <br />party. <br />D. Interpretation: The parties acknowledge and confirm that this Agreement has been entered into <br />pursuant to the authority granted under the Act. All terms and conditions are to be construed <br />and interpreted consistently with the Act. <br />E. 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 />F. 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 />G. Public Information Act: Each party understands that the other 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. Neither <br />party will make any reports, information, data, etc. generated under this Agreement available <br />to any individual or organization without the approval of the other party. <br />H. Termination: Either party may terminate this Agreement for convenience and without cause <br />by giving the other party a 30 day advance written notice of its intent to terminate or to not <br />renew. <br />I. Binding Effect: This Agreement shall take effect immediately upon execution by both parties <br />hereof and shall inure to the benefit and be binding upon the administrators, successors and <br />assigns of the parties hereto. <br />This Agreement was approved by the San Marcos City Council on December 12, 2018. <br />Executed by: <br />CITY OF SAN MARCOS CITY OF KYLE <br />City Managerravâ–ºsMitchell, Mayo <br />Dat\1. / Date: ZIT -317D19 <br />