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liability or responsibility by approving plans, issuing building permits or making inspections in <br />the event there is a defect in the improvements constructed in connection with the New School. <br />Section 6.12. No Waiver of Immunity. Nothing in this Agreement, and no action of the <br />City under this Agreement, will constitute a waiver of any immunity of the City to suit or to <br />liability. <br />Section 6.13. Indemnification. Recipient shall indemnify, hold harmless and <br />defend City, its employees, officials, and agents from and against any and all obligations, <br />claims, suits, demands and liability or alleged liability, including costs of suit, attorney's <br />fees, damages, judgments, or settlements and related expenses arising in any manner from <br />Recipient's activities in connection with the Project. <br />Section 6.14. Appropriation of Funds. The payment obligations of the City under this <br />Agreement are subject to and contingent upon the annual appropriation of lawfully available <br />funds and authorization being made by the City Council of the City of San Marcos for the <br />performance of this Agreement, as the payment obligations of the City under this Agreement <br />extend beyond the current fiscal year. <br />Section 6.15. Counterparts. This Agreement has been executed by the parties in <br />multiple originals or counterparts each having full force and effect. <br />REMAINDER OF PA GE INTENTIONALL Y LEFT BLANK <br />SIGNATURES APPEAR ON FOLLOWING PAGE <br />10