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9. Termination: Either party may terminate this Agreement for convenience and without <br /> cause by giving a 120-calendar day advance written notice to the other parry. This <br /> Agreement shall terminate effective as of the end of any fiscal year in which the University <br /> rejects in writing the proposed salary and benefits for the Plan Manager under Section I, <br /> A(3), except that the City, in its sole discretion, may continue this Agreement as to the <br /> Project.Each party shall be entitled to all payments due from the other for work or services <br /> completed up to the date of termination. each Party shall return any funds paid in advance <br /> for the performance of the uncompleted services or work. <br /> i <br /> 10. Dispute Resolution:To the extent required by law,the dispute resolution process provided <br /> for in Chapter 2260 of the Texas Government Code shall be used to resolve a dispute <br /> arising under this Agreement. <br /> 11. Force Maieure: Except as otherwise provided, neither the City nor the University, shall <br /> be liable to the other for any delay in,or failure of performance,of a requirement contained <br /> in this Agreement caused by Force Majeure,incidents of force majeure will include but not <br /> limited to the following: acts of God, strikes,pandemics and epidemics,war,riots, flood, <br /> drought,fire,sabotage,or any other circumstances of like character. The existence of such <br /> causes of delay or failure shall extend the period of performance until after the causes of <br /> delay or failure have been removed, provided the non-performing Party exercises all <br /> reasonable due diligence to perform. <br /> 12. Funding: The City and the University acknowledge that funds for the payment for work <br /> performed by the University under the Agreement are reimbursed to the City through the <br /> EAHCP program through the EAA as set forth in the EAHCP Interlocal Contract No. 20- <br /> 025-TES between the EAA and the City/University.EAHCP funding amounts to support <br /> work activities described in the annual City and University EAHCP workplan are subject <br /> to change.Annual EAHCP workplans and funding applications are subject to approval by <br /> the EAHCP Implementing Committee and EAA Board. Funds to support work activities <br /> have been provided through the City's budget approved by City Council for the current <br /> fiscal year only in the amount approved by the EAHCP Implementing Committee and EAA <br /> Board. State statutes prohibit the obligation and expenditure of public funds beyond the <br /> fiscal year for which a budget has been approved. The City cannot guarantee the <br /> availability of funds and enters into the Agreement only to the extent such funds are made <br /> available. <br /> 13. Notice: Unless otherwise specified,written notice will be deemed to have been duly served <br /> if delivered in person or sent by certified mail to the last business address as listed herein. <br /> Texas State Mr.Eric Algoe, <br /> University Vice President,Finance and Support Services <br /> Texas State University <br /> 601 University Drive <br /> San Marcos,TX 78666 <br /> 7 <br />