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against the City for its failure to appropriate funds for <br />the purposes of this Agreement in any fiscal year other <br />than the year in which this Agreement was executed. The <br />fiscal year for the City extends from October 1st of each <br />calendar year to September 30th of the following <br />calendar year. <br />30. Venue. The venue for any ligation arising from <br />this <br />Agreement will be San Marcos, Hays County. Texas. <br />31. Dispute Resolution. <br />a. If a dispute arises out of or relates to the Agreement <br />or <br />these Terms and Conditions, or a breach thereof, <br />the parties agree to negotiate prior to prosecuting a <br />suit for damages. However, this section does not <br />prohibit the filing of a lawsuit to toll the running <br />of a statute of limitations or to seek injunctive <br />relief. Either party may make a written request <br />for a meeting within fourteen (14) calendar days <br />after receipt of the request or such later period as <br />agreed by the parties. Each party shall include, at <br />a minimum, one (1) senior level <br />individual with decision -making authority <br />regarding <br />the dispute. The purpose of this and any <br />subsequent meeting is to attempt in good faith <br />to negotiate a resolution of the dispute. If, within <br />thirty (30) calendar days after such meeting, the <br />parties have not succeeded <br />in negotiating a resolution of the dispute, they <br />will proceed directly to mediation as described <br />below. Negotiation may be waived by a written <br />agreement signed by both parties, in which event <br />the parties may proceed directly to mediation as <br />described below. <br />b. If the efforts to resolve the dispute through <br />negotiation fail, or the parties waive the <br />negotiation process, the parties may select, <br />within thirty (30) calendar days, a mediator <br />trained in mediation skills to assist with <br />resolution of the dispute. Should they choose <br />this option, the City and the Contractor agree to act <br />in good faith in the selection of the mediator <br />and to give consideration to qualified individuals <br />nominated to act as mediator. Nothing in the <br />Contract prevents the parties from relying on <br />the skills of a person who is <br />trained in the subject matter of the dispute or a <br />contract <br />interpretation expert. The parties agree to <br />participate <br />in mediation in good faith for up to thirty (30) <br />calendar days from the date of the first mediation <br />session. The City and Contractor will share the <br />mediator's fees equally and the parties will bear <br />their own costs of participation such as fees <br />for any consultants or attorneys they may <br />utilize to represent them or otherwise assist <br />them in the mediation. <br />32. Prohibition on Contracts with Companies <br />Boycotting Israel. Pursuant to Chapter 2270 and 808, <br />Texas Government Code, Contractor certifies that is not <br />ineligible to receive the <br />award of or payments under the Agreement <br />and <br />acknowledges that the Agreement may be terminated <br />and payment may be withheld if this certification is <br />inaccurate. <br />EDSM Approved on Aug. 22, 2025: One -Year Extension (Clean Version) Page 22 of 25 <br />