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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8. Authority to Contract: Each party has the full power and authority to enter into and perform this Agreement, and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective corporations. Waiver: Failure of any party, at any time, to enforce a provision of this Agreement shall in no way constitute a waiver of that provision nor in any way affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 10. Headings, Gender, Number: The article headings are used in this Agreement for convenience and reference purposes only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement and shall have no meaning or effect upon its interpretation. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 11. Agreement Read: The parties acknowledge that they have had opportunity to consult with counsel of their choice and have read, understand and intend to be bound by the terms and conditions of this Agreement. 12. Multiple Originals: It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 13. Exhibits/attachments: Any exhibits and/or attachments attached to this Agreement are incorporated by reference into this Agreement as though included verbatim herein. In the event of any conflict between this Agreement and the provisions of any exhibit or attachment to this Agreement, this Agreement will govern and control. 14. Funding: The obligations of the parties are subject to the annual appropriation of funds during the fiscal year in which the obligation arises. Funds have been appropriated for obligations of the parties for the current fiscal year. In the event sufficient funds are not appropriated for the City's continued payment, this Agreement may be terminated without recourse by either party. 15. Limitation on Liability and Immunity: By entering into this Agreement, neither party waives the limitations on liability or immunity from suit or liability as may be available to either party under applicable laws.