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Objective#1 -Non-Native Plant Removal $170,000.00 <br /> Objective#2 - TWR Planting $ 10,000.00 <br /> Objective#3 —Managing Key Recreation Measure $ 56,000.00 <br /> Objective#3 —Removal of Floating Plants $ 30,000.00 <br /> Annual Amount Per Year: $266,000.00 <br /> Total Not To Exceed Amount: $2,830,316.56 <br /> The City will make payment based upon the percentage complete within each <br /> Objective. Reimbursable expenses are included in the not-to-exceed fee for each <br /> Objective. <br /> Section 2. Term <br /> The term of this Agreement will commence on January 1,2021 and will end on March 31,2028,unless <br /> terminated sooner by either party in accordance with Section 4.9, below. <br /> Section 3.Miscellaneous Provisions <br /> 1. Interlocal Cooperation: The City and the University agree to cooperate with each other in <br /> good faith at all times during the term of this Agreement in order to achieve the purposes and <br /> intent of this Agreement. Each party to this Agreement acknowledges and represents that this <br /> Agreement has been executed by its duly authorized representative. <br /> 2. Entire Agreement: This Agreement, including appendices and referenced attachments <br /> represents the entire and integrated agreement between the Parties and supersedes all prior <br /> proposals, negotiations, representations, understandings and agreements either written or oral <br /> between the Parties. This Agreement may not be modified or amended except by written <br /> amendment or an authorization of change form executed by both Parties. Neither Party may <br /> assign this Agreement without the written consent of the other party except that the Parties <br /> reserve their constitutional, statutory and common law rights, privileges, immunities and <br /> defenses. <br /> 3. Invalid Provisions: Should any provision in this Agreement be found or deemed to be invalid, <br /> this Agreement will be construed as not containing the provision and all other provisions which <br /> are otherwise lawful will remain in full force and effect, and to this end the provisions of this <br /> Agreement are declared to be severable. <br /> 4. Applicable Law: This Agreement is governed by the laws of the State of Texas. Exclusive <br /> venue for any dispute arising under this Agreement is in Hays County, Texas. <br /> 5. Sovereien Immunity: Notwithstanding any provision of this Agreement, nothing herein <br /> shall be construed as a waiver by either party of its constitutional, statutory or common law <br /> rights, privileges, immunities or defenses. To the extent the terms of this paragraph <br /> conflicts with any other provision in this Agreement, the terms of this paragraph shall <br /> 5 <br />