Res 2021-163/Approving the 2nd Ammendment to the Interlocal agreement between the city and Texas State University relating to the implementation of the Edwards Aquifer Habitat Conservation plan.

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SECTION 5. Miscellaneous Provisions Section 5, Miscellaneous Provisions shall replace the following clauses in their entirety with the following clauses: G. Terminations Either parry may terminate this Agreement for convenience and without cause by giving a 120 calendar day advance written notice to the other parry. This Agreement shall terminate effective as of the end of any fiscal year in which the University rejects in writing the proposed salary and benefits for the Plan Manager under Section I, A(3), except that the City,in its sole discretion, may continue this Agreement as to the Project. Each parry shall be entitled to all payments due from the other for work or services completed up to the date of termination. each Parry shall return any funds paid in advance for the performance of the uncompleted services or work. L Notice;Unless otherwise specified,written notice will be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. Texas State University Director, Post-Award Research& Support Services Office of Research & Sponsored Programs 601 University Drive, JCK 420 San Marcos, TX 78666-4684 Email: grants d,4xstate.edu Phone: 512-245-2102 With a copy to: Thomas Heard Meadows Center for Water&the Environment Email: :r 39C'txstate.edu Phone: 512-245-3553 City of San Marcos: City Manager City of San Marcos 630 E. Hopkins San Marcos, TX 78666 With a copy to: Melani Howard Email: i II..................................................... saninarcostx.gcJv Phone: 512-395-5942 N. DisUute Resolution: To the extent required by law, the dispute resolution process provided for in Chapter 2260 of the Texas Government Code shall be used to resolve a dispute arising under this Agreement. 5