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DocuSign Envelope ID:COA2C376-DO83-4406-8D6C-OA6C2103A7F3 <br /> XI. WAIVER <br /> The City's failure to act with respect to a breach by the Agency does not waive its right to act with respect to <br /> subsequent or similar breaches. The failure of the City to exercise or enforce any right or provision Shali not <br /> constitute a waiver of such right or provision. <br /> X11. VENUE AND LEGAL REMEDIES <br /> This Agreement is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under <br /> this Agreement is in Hays County,Texas. Either party may pursue such remedies as are available at law or in <br /> equity for breach of this Agreement, including the recovery of costs of litigation and reasonable attorney fees. <br /> The Agency will notify the City whenever a problem arises that may lead to legal action or claim against the <br /> Agency. The Agency agrees to furnish to the City any information with respect to such action or claim. <br /> XIII. ENTIRE AGREEMENT <br /> This agreement constitutes the entire agreement between the City and the Agency for the use of funds received <br /> under this Agreement and it supersedes all prior or contemporaneous communications and proposals,whether <br /> electronic, oral, or written between the City and the Agency with respect to this Agreement. <br /> Compliance with Laws and Policy. Agency warrants and agrees that Agency will perform the Services and <br /> conduct all operations in conformity with all applicable federal, state, and local laws, rules, regulations, and <br /> ordinances. For any Service performed on premises owned or controlled by City, Agency warrants and agrees <br /> that Agency will perform the Services in compliance with all City's Rules and "Standard Terms and <br /> Conditions" found at sanmarcostx.gov/StandardTermsandConditions, including but not limited to, prohibitions <br /> related to tobacco use,alcohol, and other drugs. <br /> Agency will obtain, at its own cost, any and all approvals, licenses, filings, registrations and permits required by <br /> federal,state or local laws,regulations or ordinances,required for the performance of the Services. <br /> Rev 11.27.2023 Page 11 of 17 <br />