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was signed by the Chief Financial Officer of TxDOT, and was amended by <br />TXDOT and County on or about April 29, 2008, the date it was approved by the <br />Hays County Commissioners Court. <br />Article IV: Conditions Precedent. <br />4.1 This Agreement shall become effective upon approval by the Hays County <br />Commissioners Court and the San Marcos City Council but shall not be construed <br />to create or impose pecuniary obligations on City or County unless and until <br />funds from the sources listed in Articles VIII of this Agreement become available <br />and are appropriated by the governing body of the Party otherwise obligated <br />under this Agreement in amounts sufficient to pay for each party's performance <br />hereunder. For the purposes of this Section 4.1, no action of the Parties' <br />governing bodies that occurred prior to the Effective Date of this Agreement shall <br />be construed to have appropriated funds for fulfillment of the terms and <br />conditions contained herein. <br />Article V: City's Obligations -McCarty Lane -City Segment. <br />5.1 When the Conditions Precedent in Section 4.1 have been satisfied, City will <br />become contractually obligated to County to perform the tasks set forth in this <br />Article V. <br />5.2 City shall pay for the design of the City Segment in accordance with TxDOT <br />standards and submit the design to TxDOT for approval. City shall submit the <br />plans and specification for the four-lane portion of the City Segment to County <br />for its review and approval. <br />