Res 2022-267R/approving an interlocal agreement with the Lower Colorado River Authority (LCRA) for the provision of market support for the SMTXU Renewable Energy Credit Program

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(d) Severability. If any provision hereof is unenforceable or invalid, it shall be given effect to the extent it may be enforceable or valid,and such unenforceability or invalidity shall not affect the enforceability or validity of any other provision of this Agreement. (e) Waiver. Any waiver of any of the terms hereof shall be enforceable only to the extent it is waived in a writing signed by the Party against whom the waiver is sought to be enforced. Any waiver shall be effective only for the particular event for which it is issued and shall not constitute a waiver of a subsequent occurrence of the waived event nor constitute a waiver of any other provision hereof,at the same time or subsequently. (fl Assi ment. Neither Party may assign,sell,transfer or in any other way convey its rights, duties or obligations under this Agreement, either in whole or in part, without the prior written consent of the other Parties which consent shall not be unreasonably withheld or delayed. (g) Not an Amendment. This Agreement is for the Services described herein and is not an amendment to any other agreement between the Parties. (h) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, intending to be legally bound hereby, San Marcos and LCRA have executed this Agreement as of the date first set forth above. CITY OF SAN M OS By: Name(printed): Title: LOWER COLORADO RIVER AUTHORITY By: Name(printed): Title: 4