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B. It is expressly agreed that either party may cancel this Contract by tendering written notice <br />to the other. This Contract will terminate 30 days from the date of the written notice, or on any date <br />specified in the notice after the 30 day period. If this Contract is so terminated, the City will <br />compensate the Chamber for services to the date of termination on a pro rata basis. <br />C. Any CVB Funds allocated to the Chamber by the City which are unencumbered or <br />unexpended at the end of the City's 2008-09 fiscal year or other date of the termination of this <br />Contract shall be remitted to the City within 30 days from the date thereof; provided, that if the <br />parties execute a new contract to renew the Chamber's tourism promotion services and activities, the <br />Chamber may use the funds for its usual and customary expenses until the date of its first allocation <br />of funds under the new contract, when it will remit the remaining funds under this Contract to the <br />city. <br />6. CONSTRUCTION <br />This Contract shall be construed in accordance with the laws of the State of Texas, and in <br />particular Chapter 351 of the Texas Tax Code. <br />7. CVB ASSETS <br />The Chamber shall keep its equipment, supplies, vehicles and other assets separate from <br />those purchased with CVB Funds and to be used in the performance of this Contract. The latter shall <br />be inventoried and identified as property of the City. Inventory lists shall be provided by the <br />Chamber to the CVB Advisory Board and the City upon request. Subsequently acquired assets of <br />this nature shall be similarly separated from Chamber assets, inventoried and identified. <br />EXECUTED on O ?&MMia, , .2 52008. <br />THE CIT OF SAN MARCOS, TEXAS <br />By: G <br />Rick Mench ca, City Manager <br />SAN MARCOS AREA CHAMBER OF COMMERCE <br />5