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<br />ARTICLE 5 <br />PAYMENTS <br /> <br />5.1 For work completed by the Subrecipient, the City agrees to reimburse Subrecipient <br />in a lump sum amount upon completion not to exceed for <br />services performed and/or supplies provided by Subrecipient in accordance with the <br />Statement of Work. For work completed on the Sub recipient's behalf by a licensed <br />contractor, the City agrees to pay the contractor in a lump sum amount upon completion <br />not to exceed for services the contractor performs in <br />accordance with the Statement of Work. <br /> <br />ARTICLE 6 <br />MISCELLANEOUS <br /> <br />6.1 Any party to this Agreement who prevails in any legal proceedings between the <br />parties regarding this Agreement will be entitled to recover court costs and reasonable <br />attorney's fees from the non-prevailing party. <br /> <br />6.2 This Agreement is governed by the law of the State of Texas. Exclusive venue for <br />any dispute arising under this Agreement is in Hays County, Texas. <br /> <br />6.3 The City and Subrecipient, respectively, bind themselves, their successors, assigns <br />and legal representatives to the other party to this Agreement and to the successors, <br />assigns and legal representatives of the other party with respect to all covenants of this <br />Agreement. Neither the City nor the Subrecipient will assign, sublet, or transfer any <br />interest in this Agreement without the written consent of the other. <br /> <br />6.4 This Agreement represents the entire and integrated agreement between the City <br />and the Subrecipient and supersedes all prior negotiations, representations or arguments <br />either written or oral. This Agreement may be amended only by written instrument signed <br />by both City and Subrecipient. The Agreement contains the following exhibits attached to <br />and incorporated in this Agreement for all purposes: <br /> <br />(1) Statement of Work and Budget Breakdown (Exhibit "A") <br />(2) Sample Payment Request Form (Exhibit liB") <br /> <br />(3) City of San Marcos Flood Mitigation Assistance Program Guidelines <br />(Exhibit "C") <br /> <br />This Agreement is effective as of the date first written above. <br /> <br />City of San Marcos <br /> <br />5 <br />