Res 2024-256 approving an agreement with the Lower Colorado River Authority (“LCRA”)

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TO THE CITY: TO LCRA: City of San Marcos Lower Colorado River Authority 650 East Hopkins 3700 Lake Austin Blvd. San Marcos, TX 78666 P.O. Box 220 Austin, TX 78767-0220 Attn: Stephanie Reyes Attn: Transmission Strategic Services VII. MISCELLANEOUS 7.1. This Agreement constitutes the entire understanding of the Pat-ties relating to the subject matter of the Agreement, and there shall be no modification or waiver of this Agreement except by writing signed by the Party asserted to be bound thereby. 7.2. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns; provided, however, that neither Party may assign this Agreement or subcontract the performance of Services under this Agreement, in whole or part without the prior written consent of the other Party. 7.3. No failure or delay on the part of a Party to exercise any right or remedy shall operate as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy preclude any further or other exercise of any such right or remedy. All rights and remedies under this Agreement are cumulative and shall not be considered exclusive of any other rights or remedies provided by law. 7.4. If any section or part of this Agreement is declared invalid by any court of competent jurisdiction,the court's decree shall not affect the remainder of this Agreement, and the remainder of the Agreement shall remain in full force and effect with the deletion of the part declared invalid. 7.5. The Parties agree and intend that all disputes which may arise from, out of, under or respecting the terms and conditions of this Agreement,or concerning the rights or obligations of the Parties under the Agreement, or respecting any performance or failure of performance by either Party under the Agreement, shall be governed by the laws of the State of Texas. Any legal action or proceeding arising out of this Agreement will be brought exclusively in the courts located in Travis County, Texas. 7.6 The Parties signing this Agreement warrant that they are the representatives of their entities and that they have been duly authorized to enter into this Agreement. IN WITNESS WHEREOF, the undersigned have executed this Agreement to be effective on the date of the last signature below. CITY OF SAN MARCOS, TEXAS LOWER COLORADO RIVER AUTHORITY Si gnature: ignature: