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including the payment of reasonable attorney's fees and costs of litigation, resulting from <br />the furnishing of services or participation in any joint activity under this Agreement is the <br />responsibility of the individual party performing such acts. The parties agree that the <br />assignment of liability described in this paragraph is intended to be different than liability <br />otherwise assigned under Section 791.006 (a) of the Texas Government Code. <br />10) It is expressly understood and agreed that in the execution of this <br />Agreement and contract, no party waives, nor shall be deemed hereby to waive, any <br />immunity or defense that would otherwise be available to it against claims arising in the <br />exercise of governmental powers and functions or otherwise arising hereunder. <br />11) If for any reason any party is unable to carry out the terms of this <br />Agreement or it would become unduly burdensome for any party to continue performing <br />this Agreement, that party shall have the option to terminate this Agreement upon 30 <br />days written notice to the officials and at the headquarters of the other parties. Any <br />notice of termination by one party does not terminate the agreement between the <br />remaining parties that have not also provided a written notice of termination. <br />12) If for any reason any one or more of the paragraphs of this Agreement are <br />held invalid, such holding shall not affect, impair, or invalidate the remaining paragraphs <br />of this Agreement, but shall be confined in its operations to the specific sections, clauses <br />or parts of the Agreement held invalid, and the invalidity of any section, sentence, clause, <br />or parts of this Agreement. <br />13) This Agreement supersedes any and all other agreements, either oral or in <br />writing between the parties hereto with respect to the subject matter hereof, and no other <br />agreement, statement, or promise relating to the subject matter of this Agreement which <br />is not contained herein shall be valid and binding. This Agreement can be amended <br />provided that the amendment is in writing and signed by all parties. <br />EXECUTED by the parties with the initial effective date of this Agreement being <br />the date the first two parties have signed this Agreement. Thereafter, this Agreement will <br />be effective as to any additional parties as of the date such parties sign the Agreement. <br />City of San Marcos <br />By: Date: 04/12/2011 <br />J'm use <br />anager <br />Page 4 of 4 <br />