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Res 2019-063/Interlocal Agreement with Texas State University for Watershed Protection Plan funding; providing for the reimbursement by Texas State University to the City of San Marcos in the sum of $35,000 for the development of best management practice
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Res 2019-063/Interlocal Agreement with Texas State University for Watershed Protection Plan funding; providing for the reimbursement by Texas State University to the City of San Marcos in the sum of $35,000 for the development of best management practice
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5/1/2019 9:21:53 AM
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Resolutions
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Agreement
Number
2019-63
Date
4/16/2019
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audited Party's fiscal year. If the error identified in the audit is greater than the cost of the <br />audit, the audited Party will reimburse the requesting Party the cost of the audit. <br />S. Assumption of the Risk; Indemnification. The COSM shall assume all risks associated with <br />its contractor's performance of the Program Activities associated with the approved WPP <br />under this Funding Contract, and shall waive any claim against the UNIVERSITY and other <br />participants for damages arising out of the performance of such. Additionally, to the <br />fullest extent allowed by law, the COSM agrees on behalf of itself and its successors and <br />assigns to defend, save and hold harmless UNIVERSITY and their officers, directors, and <br />employees from and against any and all claims, losses, expenses, costs, demands, <br />judgments, causes of action, suits, and liability for personal injury or property damage <br />(including but not limited to all costs of defense, such as fees and charges of attorneys, <br />expert witnesses, and other professionals and all court or other dispute resolution costs) <br />resulting from the negligence or other wrongful acts or omissions of the COSM or an <br />officer, director, employee, contractor, or subcontractor of the COSM in the performance <br />or implementation of the Program Activities associated with the approved WPP <br />associated with this Funding Contract. <br />T. Ownership and Disclosure of Materials. <br />(1) All information, documents, property and materials produced, created or supplied <br />under this Funding Contract by the COSM/UNIVERSITY, its employees, agents, <br />contractors, or subcontractors or anyone else, and whether finished or unfinished or <br />in draft or final form, will be the property of the COSM/UNIVERSITY. Said materials <br />shall be provided upon request for archival purposes, for the development of the WPP <br />administrative record, and to reflect the COSM/UNIVERSITY work performed, <br />including after expiration or termination of the Funding Contract. <br />Page 10 of 10 <br />
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