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<br />Interlocal Agreement
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<br />Page 4 of 5
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<br />mediation, or any other form of alternative dispute resolution, or other appearances of
<br />the Cooperative and/or any past or current Cooperative Member in any litigation, claim
<br />or dispute, and to engage counsel and appropriate experts, in the Cooperative's sole
<br />discretion, with respect to such litigation, claim or disputes. The Cooperative Member
<br />does hereby agree that any suit brought against the Cooperative or a Cooperative
<br />Member may be defended in the name of the Cooperative or the Member by the
<br />counsel selected by the Cooperative, in its sole discretion, or its designee, on behalf of
<br />and at the expense of the Cooperative as necessary for the prosecution or defense of
<br />any litigation. Full cooperation by the Cooperative Member shall be extended to supply
<br />any information needed or helpful in such prosecution or defense. Subject to specific
<br />revocation, the Cooperative Member hereby designates the Cooperative to act as a
<br />class representative on its behalf in matters arising out of this Agreement.
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<br />8. Governance. The Board of Trustees (Board) will govern the Cooperative in accordance
<br />with the Bylaws. Travis County, Texas will be the location for filing any dispute, claim or
<br />lawsuit.
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<br />9. Limitations of Liability. COOPERATIVE, ITS ENDORSERS (TEXAS ASSOCIATION
<br />OF SCHOOL BOARDS, TEXAS ASSOCIATION OF COUNTIES, AND TEXAS
<br />MUNICIPAL LEAGUE) AND SERVICING CONTRACTOR (TEXAS ASSOCIATION OF
<br />SCHOOL BOARDS) DO NOT WARRANT THAT THE OPERATION OR USE OF
<br />COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
<br />COOPERATIVE, ITS ENDORSERS AND SERVICING CONTRACTORS, HEREBY
<br />DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO
<br />ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS
<br />AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED
<br />WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
<br />PURPOSE. THE PARTIES AGREE THAT IN REGARD TO ANY AND ALL CAUSES
<br />OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, NEITHER
<br />PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES FOR
<br />SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF
<br />IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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<br />10. Merger. This Interlocal Participation Agreement, Terms and Conditions, and General
<br />Provisions, together with the Bylaws, Organizationallnterlocal Agreement, and Exhibits,
<br />represents the complete understanding of the Cooperative, and Cooperative Member
<br />electing to participate in the Cooperative.
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<br />11. Notice. Any written notice to the Cooperative shall be made by first class mail, postage
<br />prepaid, and delivered to the Associate Executive Director Financial Planning, Texas
<br />Association of School Boards, Inc., P.O. Box 400, Austin, Texas 78767-0400.
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<br />12. Venue. This Agreement shall be governed by and construed in accordance with the
<br />laws of the State of Texas, and venue shall lie in Travis County, Texas.
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<br />13. Warranty. By the execution and delivery of this Agreement, the undersigned individuals
<br />warrant that they have been duly authorized by all requisite administrative action
<br />required to enter into and perform the terms of this Agreement.
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<br />IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives,
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<br />http://www.tasb.org/buyboard/new_users/interloca1.html
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<br />3/1212002
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