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ARTICLE II • <br />TERM <br />The term of this Agreement will be for a period of one (1) year commencing on the last <br />date of execution hereof ( "Effective Date "). Thereafter this Agreement will automatically renew <br />for successive periods of one (1) year each under the terms and conditions stated herein, unless <br />sooner terminated as provided herein. <br />ARTICLE III <br />TERMINATION <br />Either party may terminate this Agreement by providing thirty (30) calendar days prior <br />written notice to the other party. <br />ARTICLE IV <br />PURCHASING <br />4.1 Designated Purchasing Agent: The COSM hereby makes, constitutes and appoints <br />Little Elm its true and lawful purchasing agent for the purchase of various commodities or <br />services provided by contracts or purchase agreements, hereinafter referred to as contracts, <br />awarded by Little Elm. Conversely, Little Elm makes, constitutes and appoints the COSM its <br />true and lawful purchasing agent for the purchase of various commodities or services that may be <br />provided by contracts or purchase agreements, hereinafter referred to as contracts, awarded by • <br />the COSM. To utilize an existing contract, the non - contract awarding city must request <br />authorization, in writing, from the contract awarding city. <br />4.2 Voluntary Participation: Participation by either party in any cooperative purchasing <br />activity is strictly voluntary. Nothing in this Agreement will prevent either party from <br />purchasing and /or accepting and awarding bids, proposals and contracts subject to this contract <br />on its own behalf. <br />4.3 Payment Process: Each party will make payments to the other party or directly to the <br />vendor under the contract made pursuant to Subchapter F, Chapter 271 of the Texas Local <br />Government Code. The successful vendor will bill the city placing the order for goods and <br />services directly and that City will be responsible for the respective vendor's compliance with <br />provisions relating to the quality of items and terms of delivery. <br />4.4 Authorized Representatives: The Town Manager of Little Elm or designee and the <br />COSM City Manager of the City of San Marcos or designee are hereby authorized to act on <br />behalf of the respective party in all matters relating to this cooperative purchasing program. <br />ARTICLE V <br />MISCELLANEOUS <br />5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be <br />construed as creating, a partnership, association, joint venture or trust. • <br />Page 2 <br />