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Vickie Wilhelm <br />Hays County Auditor's Office <br />111 E. San Antonio, Suite 100 <br />San Marcos, Texas 78666 <br />4.4 Pa ment. County shall make payment to City within thirty (30) calendar days following <br />the receipt by County of a proper invoice. County shall forward all invoices received from City <br />to SMPD, within five (5) days of receipt. Invoices shall be forwarded to: <br />Chief Howard Williams <br />SMPD — Chief of Police <br />2300 S. IH -35 <br />San Marcos, TX 78666 <br />4.5 Parties will pay from revenues currently available. Each party paying for the performance <br />of governmental functions or services under this Agreement will make those payments from <br />current revenues available to that paying party. <br />4.6 Payment by SMPD. Within fifteen (15) days of receipt of an invoice sent from the <br />County pursuant to Section 4.4, above, SMPD shall pay the County its share of the invoice, <br />which, unless otherwise agreed by the Client Entities in writing, shall be one -third (1/3) of the <br />total invoice amount received. <br />SECTION 5. RELATIONSHIP OF PARTIES, AND LIABILITY <br />5.1 The Parties are associated only for the purposes and to the extent set forth herein. <br />Nothing contained herein shall be deemed or construed to create a partnership or joint venture, or <br />to create the relationship of employer- employee or of principal- agent. No party to this <br />Agreement will be responsible for the acts or omissions of an employee of another party except <br />as may be decreed against that party by a judgment of a court of competent jurisdiction. <br />5.2 It is expressly understood and agreed that by executing this Agreement no party waives, <br />nor shall be deemed to have waived, any immunity or defense otherwise available to it under the <br />law. <br />5.3 This Agreement is not intended, nor shall it be construed, to confer any benefits, rights or <br />remedies upon any person or entity not a party hereto. <br />SECTION 6. ASSIGNMENT AND SUBCONTRACTING <br />6.1 Neither Party may assign its rights or subcontract its duties under this contract without <br />the prior written consent of the other Party. An attempted assignment or subcontract in violation <br />of this paragraph is void. <br />SECTION 7. TERMINATION FOR UNAVAILABILITY OF FUNDS <br />4 <br />