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To the Chamber: <br />Phyllis Snodgrass, President <br />San Marcos Area Chamber of Commerce, Inc. <br />202 N. C.M. Allen Parkway <br />P.O. Box 2310 <br />San Marcos, TX 78667 <br />Fax: 512/393-5900 <br />Email: phyllissksanmarcostexas.com <br />If a party changes its address, facsimile number or email address for notice purposes, it will <br />provide written notice of the new information to the other party within 10 days of the change. <br />B. Non-Appropriation of Funds. Funds for payments under this Agreement have been <br />provided through the City budget approved by the City Council for the current fiscal year only. <br />State laws prohibit the obligation and expenditure of public funds beyond the fiscal year for <br />which a budget has been approved. However, the cost of services covered by this Agreement is <br />likely to be a recurring requirement, and the City anticipates including this cost as a standard and <br />routine expense of the City to be included in each proposed budget within the foreseeable future. <br />However, the City does not guarantee the availability of funds in future fiscal years of the City, <br />and the City enters into this Agreement only to the extent such funds are made available in the <br />City's adopted budgets for future fiscal years. The fiscal year for the City extends from October <br />1 st of each calendar year to September 30th of the following calendar year. <br />C. Termination. <br />1. The City reserves the right to terminate this Agreement upon 30 days written notice <br />for any reason deemed by the City Council to serve the public interest. In the event <br />of such termination the City will pay the Chamber those costs directly attributable to <br />services received by the City in compliance with the Agreement prior to termination. <br />The City will not be liable for any damages or any loss of profits anticipated to be <br />made by the Chamber under this Agreement in connection with any such termination. <br />2. The Chamber may terminate this Agreement based on default by the City if the City <br />fails to comply with any term or condition of this Agreement. The Chamber will <br />notify the City in writing of any default. The City will take action so that the default <br />is corrected within 15 days of receipt of the notice. If the City fails to timely correct <br />the default, the Chamber may immediately terminate this Agreement in its entirety. <br />Page 8 of 8