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Respectively,to the extent allowed under applicable law, San Marcos agrees to hold harmless, <br /> indemnify and defend Hays County and their employees, agents, officers and servants from and against <br /> any and all lawsuits, claims, demands and causes of action of any kind arising from the negligent or <br /> intentional acts, errors or omissions of San Marcos, its officers, employees or agents with respect to the <br /> care and disposition of any animal delivered by Hays County to San Marcos for care in the Shelter. <br /> SECTION 4. MISCELLANEOUS PROVISIONS <br /> A. Interlocal Cooperation:San Marcos and Hays County agree to cooperate with each other in good faith <br /> at all times during the term of this Agreement in order to achieve the purposes and intent of this <br /> Agreement. Each party to this Agreement acknowledges and represents that this Agreement has been <br /> executed by its duly authorized representative. <br /> B. Funding:San Marcos and Hays County acknowledge that funding under this Agreement will be made <br /> from current revenues available to each party for the current fiscal year only.State statutes prohibit the <br /> obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. <br /> Neither party will have recourse against the other for its failure to appropriate funds for the purposes of <br /> this Agreement in any fiscal year other than the year in which this Agreement is executed.The fiscal year <br /> for both Hays County and San Marcos extends from October 1st of each calendar year to September <br /> 30th of the following calendar year. <br /> C. Entire Agreement:This Agreement contains the entire agreement between the parties and <br /> supersedes all prior understandings and agreements between the parties regarding such,matters. This <br /> Agreement may not be modified or amended except by written agreement executed by both parties. <br /> Neither party may assign this Agreement without the written consent of the other party. <br /> D. Interpretation:The parties acknowledge and confirm that this Agreement has been entered into <br /> pursuant to the authority granted under the Act.All terms and conditions are to be construed and <br /> interpreted consistently with the Act. <br /> E. Invalid Provisions:Should any provision in this Agreement be found or deemed to be invalid,this <br /> Agreement will be construed as not containing the provision and all other provisions which are <br /> otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are <br /> declared to be severable. <br /> F.Applicable Law:This Agreement is governed by the laws of the State of Texas. Exclusive <br /> venue for any dispute arising under this Agreement is in Hays County,Texas. <br /> G. Public Information Act: Each party understands that the other is governed by the Texas Public <br /> Information Act, Chapter 552 of the Texas Government Code.This Agreement and all written information <br /> generated under this Agreement may be subject to release under the Act. Neither party will make any <br /> reports, information,data,etc. generated under this Agreement available to any individual or <br /> organization without appropriate written notice to the other party given within a reasonable time for <br /> that party to make any appropriate arguments to the Office of the Attorney General. <br />