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<br />CSJ #3379-01-008 <br />District # 14 Austin <br />Code Chart 64 #37950 <br />Project: FM 3407 at UPRR in San Marcos <br /> <br />liCle 12 Notices. <br />without exception. <br /> <br />Notices of this LPAFA shall be under the conditions as stated in the MAFA, <br />Local Government: Dan O'Leary <br />City Manager <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br /> <br />Article 13. Sole Agreement. Sole Agreement of this LPAFA shall be under the conditions as stated <br />in the MAFA, without exception. <br /> <br />Article 14. Successors and Assigns. The State and the Local Government each binds itself, its <br />successors, executors, assigns, and administrators to the other party to this agreement and to the <br />successors, executors, assigns, and administrators of such other party in respect to all covenants of <br />this agreement. <br /> <br />Article 15. Amendments. Amendments to this LPAFA shall be made as described in the MAFA, <br />without exception. <br /> <br />Article 16. Incorporation of Master Agreement Provisions. This LPAFA incorporates all relevant <br />provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution <br />of this LPAFA, unless such MAFA provision is specifically excepted herein. Any conflict between the <br />terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. <br /> <br />licle 17. State Auditor. The state auditor may conduct an audit or investigation of any entity <br />eiving funds from the state directly under the contract or indirectly through a subcontract under the <br />contract. Acceptance of funds directly under the contract or indirectly through a subcontract under <br />this contract acts as acceptance of the authority of the state auditor, under the direction of the <br />legislative audit committee, to conduct an audit or investigation in connection with those funds. An <br />entity that is the subject of an audit or investigation must provide the state auditor with access to any <br />information the state auditor considers relevant to the investigation or audit. <br /> <br />Article 18. Insurance. If this agreement authorizes the Local Government or its contractor to <br />perform any work on State right of way, before beginning work the entity performing the work shall <br />provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance <br />verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance <br />for all persons and entities working on State right of way. This coverage shall be maintained until all <br />work on the State right of way is complete. If coverage is not maintained, all work on State right of <br />way shall cease immediately, and the State may recover damages and all costs of completing the <br />work. <br /> <br />Article 19. Signatory Warranty. The signatories to this agreement warrant that each has the <br />authority to enter into this agreement on behalf of the party they represent. <br /> <br />IN WITNESS WHEREOF, THE STATE AND THE LOCAL GOVERNMENT have executed duplicate <br />Interparts to effectuate this agreement <br /> <br />AFA-LPAFA_ VolProj <br /> <br />Page 3 of 6 <br /> <br />Revised 2/3/06 <br />