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appropriate maintenance to ensure its continuing capacity and functionality in removing <br />sediment from drainage flows in the creek. <br /> <br />3. General Provisions <br /> <br />3.01. The parties will construe this agreement under the laws of the State of Texas and will <br /> perform all their obligations in Hays County, Texas. <br /> <br />3.02. <br /> <br />3.03. <br /> <br />This is the only agreement of the parties respecting this subject, and it supersedes any <br />prior written or oral agreements between the parties regarding this subject. <br /> <br />The parties may not amend this agreement except in writing, dated after the date of this <br />agreement and signed by each party's representative. <br /> <br />3.04. <br /> <br />Neither party is required to perform its obligations under this agreement if prevented from <br />doing so by acts of God, restrictions by governmental authority, weather, or any other <br />cause not reasonably within the control of the parties. <br /> <br />3.05. <br /> <br />The parties will use the dispute resolution process provided for in Chapter 2260 of the <br />Texas Government Code to attempt to resolve any claim that either party makes for <br />breach of this agreement. <br /> <br />Texas State University-San Marcos <br /> <br />City of San Marcos <br /> <br />By: <br /> <br />Authorized Officer <br /> <br />By: <br /> <br />-2- <br /> <br /> <br />