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ARTICLE 7 <br />MISCELLANEOUS <br />7.1 Budgett. Notwithstanding any other provision of this MOU, if the San Marcos City <br />Council or the Hays County Commissioners Court fails to appropriate or budget funds to meet <br />the terms and conditions cited herein, then the non -appropriating entity shall not be obligated to <br />fulfill the its obligations under this MOU. <br />7.2 Entire Agreement. This MOU represents the entire and integrated agreement between the <br />County and the City and supersedes all prior negotiations, representations or arguments either <br />written or oral. <br />7.3 Lawful Authority. The execution and performance of this MOU by the County and the <br />City have been duly authorized by all necessary laws, resolutions or corporate action, and this <br />MOU constitutes the valid and enforceable obligations of the County and the City in accordance <br />with its terms. <br />7.4 Amendments. No amendment, modification or alteration of the terms hereof shall be <br />binding unless the same shall be in writing and dated subsequent to the date hereof and duly <br />executed by the parties hereto. <br />7.5 Independent Parties. It is understood and agreed between the Parties that the County and <br />the City, in executing this MOU, and in performing their respective obligations, are acting <br />independently, and not in any form of partnership or joint venture. <br />7.6 Construction. The captions and headings contained in this MOU are solely for <br />convenient reference and will not be deemed to affect the meaning or interpretation of any <br />provision or paragraph hereof. All references in this MOU to any particular gender are for <br />convenience only and will be construed and interpreted to be of the appropriate gender. For the <br />purposes of this MOU, the term "will" is mandatory. Should any provision in this MOU be <br />found or deemed to be invalid, this MOU will be construed as not containing such provision, and <br />all other provisions which are otherwise lawful will remain in full force and effect, and to this <br />end the provisions of this MOU are declared to be severable. <br />7.7 Conflict with Applicable Law. Nothing in this MOU shall be construed so as to require <br />the commission of any act contrary to law, ordinance or administrative executive or judicial <br />regulation, order or decree, or amendment thereof, contrary to which the parties have not legal <br />right to contract, the latter shall prevail, but in such event the affected provision or provisions of <br />this MOU shall be modified only to the extent necessary to bring them within the legal <br />requirements and only during the time such conflict exists. <br />7.8 No Waiver. No waiver by a Party of any breach of any provision of this MOU shall be <br />deemed to be a waiver of any preceding or succeeding breach of the same or any other provision <br />hereof. <br />7.9 Public Information Act. City and County are governed by the Texas Public Information <br />ILA/MOU - SM Regional Airport Page 4 <br />