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h. The Hospital has not entered and will not enter into any agreement with the City <br />to condition either the amount of the Public Funds transferred to HHSC via IGT <br />by the City or the amount of Waiver Program Payments the Hospital receives on <br />the amount of indigent care the Hospital has provided or will provide; <br />L The Hospital has not entered and will not enter into any agreement with the City <br />to condition the amount of the Hospital's indigent care obligation on either the <br />amount of Public Funds transferred by the City to HHSC or the amount of Waiver <br />Program Payments the Hospital may be eligible to receive; <br />j. Neither the Hospital nor any other entity acting on behalf of the Hospital has <br />made or agreed to make cash or in -kind transfers to the City other than transfers <br />and transactions that: <br />(1) Are unrelated to the administration of the Waiver Program and/or the <br />delivery of indigent care services under this Agreement; <br />(2) Constitute fair market value for goods and/or services rendered or <br />provided by the City to the Hospital; and <br />(3) Represent independent, bona fide transactions negotiated at arms- length <br />and in the ordinary course of business between the Hospital and City; and <br />k. Neither the Hospital nor any other entity acting on behalf of the Hospital has: <br />(1) Taken assignment or agreed to take an assignment of a contractual or <br />statutory obligation of the City; or <br />(2) Authorized or consented to the assumption of a statutory or contractual <br />obligation of the City by the Hospital or any other entity acting on behalf <br />of the Hospital. <br />1. Hospital is an entity eligible to receive Waiver payments under 15 Texas <br />Administrative Code 355.8201. If Hospital becomes ineligible at any time to <br />receive said payments Hospital must notify City within 30 days of changes in <br />ownership, operation, or affiliation that may affect Hospital's continued eligibility <br />for payments. <br />2.2 Citv Representations and Warranties. The City represents and warrants that: <br />a. It is a political subdivision of the State of Texas, duly established and created <br />pursuant to the Texas Constitution, with all requisite power and authority to enter <br />into this Agreement in all respects; <br />b. The execution, delivery, and performance by the City of this Agreement are <br />within the City's powers, are not in contravention of any other instruments <br />INDIGENT CARE AFFILIATION AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND <br />CENTRAL TEXAS MEDICAL CENTER PAGE 3 <br />