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$1,000-dollar minimum cost for elections that don't exceed that total. Since programming and
<br />supplies would exceed the cost of elections with very small voter registration populations.
<br />Equipment Rental Fees allocated separately.
<br />Section 10. Amendments. This Agreement may not be amended or modified except in
<br />writing and executed by both the City of San Marcos and the County. Neither party may assign
<br />this Agreement without the written consent of the other party. However, the Officer may assign
<br />deputies to perform any of the contracted services and may contract with third persons for
<br />election services and supplies.
<br />Section 11. Effective Date. This Agreement contains the entire agreement between the
<br />parties and supersedes all prior understandings and agreements between the parties regarding
<br />such matters. The term of this Agreement will commence on August 1, 2024 and end on July 31,
<br />2025.
<br />Section 12. Force Majeure. Either of the parties to this Agreement shall be excused from
<br />any delays and/or failures in the performance of the terms and conditions of this Contract, to the
<br />extent that such delays and/or failures result from causes beyond the delaying/failing party's
<br />reasonable control, including but not limited to war ( whether declared or not ), armed conflict or
<br />the serious threat of the same ( including but not limited to hostile attack, blockade, military
<br />embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization, civil war,
<br />riot, rebellion, revolution, military or usurped power, insurrection, civil commotion or disorder, mob
<br />violence, act of civil disobedience, act of terrorism, sabotage or piracy; plague, epidemic, pandemic,
<br />outbreaks of infectious disease or any other public health crisis, including quarantine, social
<br />distancing, isolation or other behavioral restrictions; act of authority whether lawful or unlawful,
<br />compliance with any law or governmental order, rule, regulation or direction, curfew restriction,
<br />expropriation, compulsory acquisition, seizure of works, requisition, nationalization; act of God or
<br />natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado,
<br />earthquake, landslide, flood, damage or destruction by lightning, drought; explosion, fire,
<br />destruction of machines, equipment and of any kind of installation, prolonged breakdown of
<br />transport, telecommunication or electric current; shortage or inability to obtain critical material or
<br />supplies to the extent not subject to the reasonable control of the subject parry ("force majeure event
<br />") whether foreseeable or unforeseeable by the parties at the time of the execution of this
<br />Agreement. Any delaying/failing party shall, with all reasonable diligence, attempt to remedy
<br />the cause of delay and/or failure and shall recommence all remaining duties under this
<br />Agreement within a reasonable time of such remedy, or, when applicable, on the next available
<br />dates under the Texas Election Code.
<br />Section 13. Should any provision in this Agreement be found or deemed to be invalid,
<br />this Agreement will be construed as not containing the provision and all other provisions which
<br />are otherwise lawful will remain in full force and effect, and to this end the provisions of this
<br />Agreement are declared to be severable. In case any one or more of the provisions contained in
<br />this Agreement are for any reason held to be invalid, illegal, or unenforceable in any respect,
<br />such invalidity, illegality, or unenforceability will not affect any other provision thereof, and this
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