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obligation and expenditure of public funds beyond the fiscal year for which a budget has <br /> been approved. The City cannot guarantee the availability of funds, and enters into the <br /> Agreement only to the extent such funds are made available. The University acknowledges <br /> and agrees that it will have no recourse against the City for its failure to appropriate funds <br /> for the purposes of the Agreement in any fiscal year other than the year in which the <br /> Agreement was executed. The fiscal year for the City extends from October 1st of each <br /> calendar year to September 30th of the following calendar year. <br /> 13. Notice: Unless otherwise specified, written notice will be deemed to have been duly <br /> served if delivered in person or sent by certified mail to the last business address as listed <br /> herein. <br /> Texas State Mr. Eric Algoe, <br /> University Vice President, Finance and Support Services <br /> Texas State University <br /> 601 University Drive San <br /> Marcos, TX 78666 <br /> City of San City Manager City of San Marcos <br /> Marcos: 630 E. Hopkins <br /> San Marcos, Texas 78666 <br /> 14. In accordance with Texas Education Code, Section 51.9335 (h), any Contract for the <br /> acquisition of goods and services to which an institution of higher education is a party, any <br /> provision required by applicable law to be included in the Agreement or Contract is <br /> considered to be a part of the executed Agreement or Contract without regard to: <br /> (1) Whether the provision appears on the face of the Agreement or Contract; or <br /> (2) Whether the Agreement or Contract includes any provision to the contrary. <br /> 15. Approval: Consent from the San Marcos City Council and The Texas State University <br /> Board of Regents is necessary as a condition precedent to the legal effect of this Agreement. <br /> 16. Binding Effect: This Agreement will take effect immediately upon execution by both <br /> parties hereof and will inure to the benefit and be binding upon the administrators, <br /> successors and assigns of the parties hereto. <br /> {Signatures to follow on next page} <br /> 7 <br />