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4.2.Sovereign Immunity:Any provision of this agreement that seeks to waive the immunity from suit <br /> and/or immunity from liability is void unless agreed to by specific acknowledgement of the provision <br /> within the agreement. <br /> 4.3.Independence:The parties covenant and agree that each shall perform under this agreement <br /> independently and not as an officer, agent,servant, or employee of each other;that each shall have <br /> exclusive control of and exclusive right to control over their respective duties pursuant to this <br /> agreement, including all persons performing same, and shall be responsible for the acts and <br /> omissions of its officers, agents, employees,contractors,subcontractors, and consultants;that the <br /> doctrine of respondent superior shall not apply as between either party,their officers, agents, <br /> employees,contractors,subcontractors,and consultants, and nothing herein shall be construed as <br /> creating the relationship of employer-employee, principal-agent, partners orjoint venturers <br /> between the parties.The parties hereto understand and agree that the parties have no authority to <br /> bind each other. <br /> 4.4.Attachments:The following attachments are part of this agreement: <br /> a) Attachment A: Driving Track and Firearms Range Rules <br /> b) Attachment B: Project Representatives <br /> 4.5.This contract states the entire agreement of the parties and may be amended only by a written <br /> amendment executed by both parties, except that any alterations, additions, or deletions to the <br /> terms of this agreement which are required by changes in Federal or State law or regulation are <br /> automatically incorporated into this contract without written amendment hereto and shall become <br /> effective on the date designated by such law or regulation. <br /> 4.6.This contract is executed through signatures affixed electronically or scanned by both parties and <br /> transmitted electronically. <br /> Capital Area Council of Governments City of San Marcos <br /> By: By: <br /> Betty Voights, Executive Director Steph fie Reyes, City Man <br /> Date: Date: �(� 23 <br />