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<br />ARTICLE 38. No Waiver of Soverei2n Immunity <br /> <br />THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY <br />INTENDED TO CONSTITUTE A WAIVER OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY <br />THAT THE PARTIES OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. <br /> <br />ARTICLE 39. Certification <br /> <br />The governing body of each party has authorized this contract. RECEIVING AGENCY is paying for the <br />performance of governmental functions and services from current revenues available to RECEIVING AGENCY. <br />The payment is in an amount that fairly compensates PERFORMING AGENCY for the services or functions <br />performed under the contract. <br /> <br />(LGS) <br /> <br />GENERAL PROVISIONS Page 25 <br /> <br />1112001 <br />