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<br />the roadway up to the subgrade of the pavement. The County will be responsible <br />for any maintenance to the roadway from the subgrade to top of pavement as <br />becomes necessary due to any repairs or maintenance required to the City <br />Utilities. <br /> <br />14. This Agreement does not in any way, and shall not be construed to, create a <br />principal/agent or joint venture relationship between the parties hereto and under <br />no circumstances shall the City or the County be considered as or represent itself <br />to be an agent of the other. <br /> <br />15. This Agreement embodies the entire agreement between the parties and <br />supersedes prior understandings and agreements between the parties. 80th <br />parties agree that there are no oral or written agreements between the parties or <br />any representations made which are not expressly set forth herein. Neither party <br />may assign this Agreement without the written consent of the other party. This <br />Agreement may be amended only by a written instrument executed by the parties <br />hereto. <br /> <br />16. Either party may terminate this agreement by giving (30) thirty days prior written <br />notice to the other party. For the purpose of this Agreement, notice shall be given <br />by sending such notice, in writing, either by hand delivery or certified mail, return <br />receipt requested as follows: <br /> <br />Hon. Judge Jim Powers <br />Hays County <br />Hays County Courthouse <br />San Marcos , Texas 78666 <br /> <br />Dan O'Leary, City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br /> <br />17. The City and the County agree to cooperate with each other in good faith at all <br />times during the term of t his agreement in order to achieve the purposes of this <br />agreement. <br /> <br />18. This agreement shall be controlled by and construed in accordance with the laws <br />of the State of Texas, and exclusive venue for any dispute arising under this <br />agreement shall be in Hays County, Texas. <br /> <br />19. The City and the County acknowledge that funding for the work to be performed in <br />conjunction with this agreement will be made from current revenues available to <br />the City and the County, and that the City's payment under the terms of this <br />agreement will fairly compensate the County for the City's betterment portion of <br />the Project. <br /> <br />Interlocal Agreement <br />8/30/2005 <br /> <br />Page 4 of 5 <br />