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<br />contract is considered a recurring requirement and is included as a standard and routine expense <br />of the City to be included in each proposed budget within foreseeable future. <br />City Council expects this to be an integral part of future budgets to be approved during the <br />period of this contract except for un-anticipatable needs or events which may prevent <br />participation in this contract. However, the City cannot guarantee the availability of funds, and <br />enters into this contract only to the extend such funds are made available. The fiscal year for the <br />City extends from October 1 st of each calendar year to September 30th of the following calendar <br />year. <br /> <br />c. Entire Agreement: This Agreement contains the entire agreement between the parties and <br />supersedes all prior understandings and agreements between the parties regarding such matters. <br />This agreement may not be modified or amended except by written agreement executed by both <br />Parties. Neither party may assign this Agreement without the written consent of the other party. <br /> <br />D. Interpretation: The parties acknowledge and confirm that this Agreement has been entered <br />into pursuant to the authority granted under the Act. All terms and conditions are to be <br />construed and interpreted consistently with the Act. <br /> <br />E. Invalid Provision: Should any provision in this Agreement be found or deemed to be <br />invalid, the Agreement will be construed as not containing the provision, and all other provision <br />which are otherwise lawful will remain in full force and effect, and to this end the provision of <br />this Agreement are declared to be severable. <br /> <br />F. Applicable Law: This Agreement is governed by the law of the State of Texas. Exclusive <br />venue for any dispute arising under this Agreement is in Hays County, Texas. <br /> <br />G. Termination: Either party may terminate this Agreement by giving a one year advance <br />written notice of its intent not to renew to the other party. The City may terminate this <br />Agreement in the event funds are not appropriated in accordance with Section 4.B. by providing <br />the County with a 60 day advance written notice of termination. In the event of termination, all <br />responsibility for the operation and maintenance of the Project will revert back to the County's <br />care and control. <br /> <br />H. Binding Effect. This Agreement shall take effect immediately upon execution by both <br />parties hereof and shall insure to the benefit and be binding upon the administrators, successors <br />and assigns of the parties hereto. <br /> <br />Agreed to and accepted this J cj <br /> <br />day of <br /> <br />s WJ'UL- <br /> <br />2005. <br /> <br /> <br /> <br />3 <br />