Res 2022-218R/approving a contract with Buyers Barricades through the Buyboard Purchasing Cooperative in the estimated amount of $70,637.50 for the purchase of five electronic message boards for the Neighborhood Enhancement Department

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applicable, are in place and operational, but in no event later than two years from the date of the mutual approval of said schedule of work. 3.05. Licenses and Easements. Texas State agrees to grant to the City, or its contractors and consultants, such temporary licenses as are necessary and agreed between the Parties for the initial surveying for the replat of the Property. 3.06. Recording Fees. Each Party shall pay its own costs for recording their respective deeds or easements. The costs for recording any replat approved by the City's Planning and Zoning Commission shall be shared equally between the Parties. The City will record any such replat and Texas State shall pay its share of the recording cost to the City before the City records it. 3.07. Title Company. If a title company is to be used for any purposes under this Agreement, the representatives of the Parties shall mutually agree on the title company to be used. The parties will share equally in the costs of any escrow fees charged by the title company. Each Party will pay its own costs for any policies of title insurance for the property interests conveyed to that Party. IV. Termination 4.01. If either Parry fails to perform its obligations for any reason except the other Party's default or pursuant to a right to terminate expressly set forth in this Agreement, the other Party may terminate this Agreement. If the Party elects to terminate the Agreement, then neither Party will have any further rights or obligations, except for payment of any expenses owed to the other Party for services or work properly completed for the benefit of the terminating Party up until the date of the notice of termination. V. General Provisions 5.01. Assignment. Neither Party may assign any of its duties or obligations under this Agreement without the written consent of the other. 5.02. Choice of Law and Venue. The Parties will construe this Agreement under the laws of the State of Texas and will perform all of their obligations in Hays County, Texas. The term "will" is mandatory in this Agreement. 5.03. Binding Agreement. This Agreement will be binding upon the Parties and their respective legal representatives, successors, and assigns. 5.04 Severability. If any the provision of this Agreement is held to be invalid or unenforceable by a court of proper jurisdiction, the holding will not affect any other provisions of this Agreement if the Agreement can be given effect without the invalid provision. The Parties will construe the Agreement as if the invalid or unenforceable provision had not been contained in this Agreement. 5.05. Only Agreement. This Agreement, once signed, will constitute the only agreement of the Parties regarding this subject and it supersedes any prior understandings or written instruments signed by representatives of either Party. 5.06. Notice in Writing. Any notice required or permitted to be given by one Party to the other will be in writing and the same will be deemed to have been served and given if delivered in person to the respective address specified below, or placed in the United States Mail to the respective address below, return receipt requested to the addresses below.