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ARTICLE 3 FUNDING FROM THE CITY 3.1 The City shall make payments from the Funds for the Eligible Expenses subject to the requirements of this Agreement. 3.2 At such time as the Village receives an invoice for services rendered for any Eligible Expense, it may submit any such invoice to the City for payment of Eligible Expenses included in such invoice. Within 30 days of the receipt of any such invoice, the City will remit payment for Eligible Expenses identified in the invoice to the Village, to the provider of the services or jointly to both, in the City's discretion. Under no circumstances will the City pay 100 percent of the total costs for any services in advance of such services being performed. The Village's contracts for architectural or engineering services shall, instead, provide that payments for services will be made in phases consistent with the usual and customary payment practices of the City of San Marcos for similar services. Payments for legal services will be paid only after such services have been performed and no less than monthly invoices for such services are submitted to the Village. 3.3 The Funds shall be drawn only from the account specifically designated by the City for the purposes of this Agreement and from no other accounts of the City. ARTICLE 4 OWNERSHIP AND USE OF DOCUMENTS In entering into any contracts for architectural or engineering services for the Village Main Project, the Village will ensure that all plans, drawings and specifications created for the Village Main Project under this Agreement will become its property and may be assigned to the City and any assigns of the City in the event of any default or failure of the Village to complete the Village Main, Project. The Village may not assign such plans, drawings and specifications to any third party without the written consent of the City. ARTICLE 5 TERM AND TIME OF PERFORMANCE 5.1 The effective date of this agreement shall be the date on which it is approved by the San Marcos City Council (the "Effective Date"). The term of the Agreement shall continue from the Effective Date until the completion of the Village Main Project. Completion of the Village Main Project for purposes of this Agreement shall be the date on which the Village has both received a certificate of occupancy from the City for the facilities constructed and provides satisfactory evidence to the City that all bills for services rendered, labor, supplies and materials related to the Village Main Project have been satisfied (the "Term"). The obligations of the Parties shall continue during the Term, except that the Village's obligation to maintain the Village Main Project for the public and non-profit purposes of this Agreement shall continue for 3