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B. Funding: San Marcos and Hays County acknowledge that funding under this Agreement will <br />be made from current revenues available to each party for the current fiscal year only. State <br />statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which <br />a budget has been approved. Neither party can guarantee the availability of funds, and each <br />enters into this Agreement only to the extent such funds are made available. Neither party will <br />have recourse against the other for its failure to appropriate funds for the purposes of this <br />Agreement in any fiscal year other than the year in which this Agreement was executed. The <br />fiscal year for both Hays County and San Marcos extends from October 1 st of each calendar <br />year to September 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 />Ply <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 appropriate written notice to the other party given <br />within a reasonable time for that party to make any appropriate arguments to the Office of the <br />Attorney General. <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, to its contact listed below, of its <br />intent to terminate or to not renew. <br />CITY OF SAN MARCOS HAYS COUNTY <br />Mr. Bert Lumbreras Ruben Becerra <br />City Manager Hays County Judge <br />630 E. Hopkins 111 E. San Antonio St., Suite 300 <br />San Marcos, Texas 78666 San Marcos, Texas 78666 <br />3 <br />