Res 2021-113/approving the terms and conditions of an Interlocal Agreement between the City of San Marcos and Texas State University for a temporary fire suppression service interconnection of the City’s water system to allow for elevated storage tank

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d) Payment 1. Texas State agrees to pay all costs incurred by it, any costs incurred by the City that are approved in writing in advance, as well as any costs associated with TCEQ filings. 2. Texas State agrees to pay for any usage in accordance with the City's prevailing commercial rates. Section 3. Term The term of this Agreement shall begin on the Effective Date as set forth in this Agreement below and will continue until the earlier of when Texas State returns its elevated storage tank to service or 24 months. Section 4. Miscellaneous Provisions 1. Interlocal Cooperation: The City and Texas State agree to cooperate with each other in good faith at all times during the term of this Agreement in order to achieve the purposes of this Agreement. Each party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative. 2. Entire Agreement: This Agreement contains the entire agreement between the parties and supersedes all prior understandings and agreements between the parties regarding such matters. This Agreement may not be modified or amended except by written agreement executed by both parties. Neither party may assign this Agreement without the written consent of the other party. 3. Interpretation: The parties acknowledge and confirm that this Agreement has been entered into pursuant to the authority granted under the Act. All terms and conditions are to be construed and interpreted consistently with the Act. 4. Invalid Provision: Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision and, all other provisions which are otherwise lawful, will remain in full force and effect, and, to this end, the provisions of this Agreement are declared to be severable. 5. Choice of Law and Place of Performance: This Agreement is governed by the law of the State of Texas. Performance and all matters related thereto shall be in Hays County, Texas. 6. Termination: Either party may terminate this Agreement for convenience by giving 30 days advance written notice to the other party. 7. Dispute Resolution: The parties will use the dispute resolution process provided for in CHAPTER 2260 of the TEXAS GOVERNMENT CODE to attempt to resolve any claim that either party makes for breach of this agreement.