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k) Agreement Read: The parties acknowledge that they have had opportunity to consult with counsel <br />of their choice, have read, understand and intend to be bound by the terms and conditions of this <br />Agreement, <br />1) Multiple Originals,:It is understood and agreed that this Agreement may be executed in a number <br />of identical counterparts, each of which shall be deemed an original for all purposes. <br />m) Exhibits/attachments: Any exhibits and/or attachments attached to this Agreement are incorporated <br />by reference into this Agreement as though included verbatim herein. In the event of any conflict <br />between this Agreement and the provisions of any exhibit or attachment to this Agreement, this <br />Agreement will govern and control. <br />n) Funding: Funds for the payment of the City's obligations under this Agreement have been provided <br />through the City budget approved by City Council for the current fiscal year only. State statutes <br />prohibit the obligation and expenditure of public funds beyond the fiscal year for which -a budget <br />has been approved. However, the cost of items or services covered by this Agreement is considered <br />a recurring requirement and is included as a standard and routine expense of the City to be included <br />in each proposed budget within the foreseeable future. City Council expects this to be an integral <br />part of future budgets to be approved during the period of this Agreement except for unanticipated <br />needs or events which may prevent such payments against this Agreement. However, the City <br />cannot guarantee the availability of funds, and enters into this Agreement only to the extent such <br />funds are made available. In the event sufficient funds are not appropriated for the City's continued <br />payment, this Agreement may be terminated without recourse by either party. <br />o) Approving Modifications to the Agreement: This Agreement maybe modified upon mutual written <br />agreement approved by the parties. <br />This Agreement will take effect immediately upon execution by both parties hereof and will inure to the <br />benefit and be binding upon the administrators, successors and assigns of the parties ereto. <br />City of San cos <br />4teive • 'Bert um cera ,City Manager , Jr., Ph.D, <br />Chief Research Officer <br />Date: @0 Q Date; <br />�ia51 �a <br />Reviewed and Approved to Sign <br />Joanne Palmer, OTC <br />m' <br />