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<br />B. Entire Agreement; Amendments. TIris Agreement contains the entire agreement <br />between the parties respecting the subject matter hereof, and supersedes all prior <br />understandings and agreements between the parties regarding such matters. This <br />Agreement may not be modified or amended except by written agreement duly executed by <br />the parties. <br /> <br />C. Interpretation. The parties acknowledge and confirm that this Agreement has been <br />entered into pursuant to the authority granted under the Interlocal Cooperation Act. All <br />terms and provisions hereof are to be construed and interpreted consistently with that Act. <br /> <br />D. Invalid Provisions. Any clause, sentence, paragraph or article of this Agreement <br />which is determined by a court of competent jurisdiction to be invalid, illegal, or <br />unenforceable in any respect shall not be deemed to impair, invalidate, or nullify the <br />remainder of this Agreement if the Agreement can be given effect without the invalid <br />portion, <br /> <br />E. Applicable Laws. This Agreement shall be construed in accordance with the laws of <br />the State of Texas. All obligations hereunder are performable in Hays County, Texas, and <br />venue for any action arising hereunder shall be in Hays County, Texas. <br /> <br />F. Authorization; Funding. Each party hereto acknowledges and represents that this <br />Agreement has been duly authorized by its respective governing body, and that funding <br />from each party for the performance of this Agreement will be provided from current <br />revenues available to the parties. <br /> <br />G. Immunity. Each party hereunder acknowledges it is a political subdivision of the <br />State of Texas and is subject to and complies with the applicable provisions of the Texas <br />Tort Claims Act, as set out in the Texas Civil Practice and Remedies Code, Section <br />101.001 et. seq., as amended, (the "Act") and the remedies and limits of recovery <br />authorized therein regarding claims or causes of action that may be asserted by third <br />parties for property damage, personal injury or death. This Agreement and the <br />obligations herein are not intended to waive, abrogate or in any way limit the rights and <br />protections afforded to the parties under the Act. Further, the parties do not intend to <br />create or enter into a joint venture by acceptance of their respective obligations <br />hereunder. <br /> <br />By: <br />Dan O'Leary, Cit <br /> <br /> <br />~/, \/ () tr <br /> <br />Date <br /> <br /> <br />San Marcos Consol' ated Indepen <br /> <br />~ <br /> <br /> <br />istrict <br /> <br />,/ <br />0'- L'> .~.. .:.) -r <br />Date <br /> <br />, Superintendent <br /> <br />4 <br />