Res 2006-169 - Laserfiche WebLink

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and intent of this Agreement. Each Party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative. B. Fundine: San Marcos, Kyle and the County acknowledge that funding under this Agreement will be made from current revenues available to the each of the entities. Funds for the participation in this Agreement have been provided through the Parties' respective budgets approved by City Council and Commissioner's Court for the current fiscal year only. State statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. However, the cost of services covered by this contract is considered a recurring requirement and is included as a standard and routine expense of the Parties to be included in each proposed budget within the foreseeable future. The Parties expect this to be an integral part of future budgets to be approved during the period of this contract except for un- anticipatable needs or events which may prevent participation in this contract. However, the Parties cannot guarantee the availability of funds, and enter into this contract only to the extent such funds are made available. The fiscal year for each of the Parties extends from October 151 of each calendar year to September 30th of the following calendar year. C. Entire Aereement: This Agreement contains the entire agreement between the Parties and supersedes all prior understandings and agreements between the Parties regarding such matters. This Agreement may not be modified or amended except by written agreement executed by all three Parties. None of the Parties may assign this Agreement without the written consent of the other two Parties. D. Interpretation: The Parties acknowledge and confirm that this Agreement has been entered into pursuant to the authority granted under the Act. All terms and conditions are to be construed and interpreted consistently with the Act. E. Invalid Provisions: Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision, and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. F. Applicable Law: This Agreement is governed by the law of the Sate of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. G. Public Information Act: Kyle and the County understand that San Marcos is governed by the Texas Public Information Act, Chapter 552 of the Texas Government Code. This Agreement and all written information generated under this Agreement may be subject to release under the Act. Kyle and the County will not make any reports, information, data, etc. generated under this Agreement available to any individual or organization without the approval of San Marcos. H. Termination: Any of the Parties may terminate this Agreement, with or without cause, by giving six months advance written notice of its intent to terminate to the other two Parties. If San Marcos terminates this Agreement after the contemplated construction is completed, and before the end of the initial term of this Agreement, San Marcos will reimburse Kyle and the County for a portion of the funds respectively contributed by them for the contemplated 4