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<br /> "L~f <br /> proposals or further notification to BF!. At a minimum, BFI will be required to pay any <br /> difference in the cost of securing the services covered by this Contract. or compensate for <br /> any loss or damage to the City derived hereunder should it become necessary to Contract <br /> with another source because of this default, plus reasonable administrative costs and <br /> attorney's fees. In the event of termination for default, the City, its agents or <br /> representatives, will not be liable for loss of any profits anticipated to be made under this <br /> Contract. <br /> 5.3 The City reserves the right to terminate this Contract upon 30 days written notice for <br /> any reason deemed by City Council to serve the public interest, or resulting from any <br /> governmental law. ordinance. regulations, or court order. No termination for convenience <br /> will be taken with the intention of awarding the same or a similar Contract to another <br /> source. In the event of such termination the City will pay BFI those costs directly <br /> attributable to work done or supplies obtained in preparation for completion or compliance <br /> with this Contract prior to termination. Provided, however, that no costs will be paid which <br /> are recoverable in the normal course of doing business in which BFI is engaged. or costs <br /> which can be mitigated through the sale of supplies or inventories. In the event City pays <br /> for the cost of supplies or materials obtained for use under this Contract, these supplies <br /> or materials will become the property of City and will be delivered to the FOB point shown <br /> in the Contract, or as designated by the Purchasing Manager. The City will not be liable <br /> for loss of any profits anticipated to be made under this Contract. <br /> 5.4 Funds for payment for services have been provided throùgh the City budget <br /> approved by City Council for the current fiscal year only. State statutes prohibit the <br /> obligation and expenditure of public funds beyond the fiscal year for which a budget has <br /> been approved. However, the cost of services covered by this Contract is considered a <br /> recurring requirement and is included as a standard and routine expense of the City to be <br /> included in each proposed budget within the foreseeable future. City Council expects this <br /> to be an integral part of future budgets to be approved during the period of the Contract <br /> except for unanticipated needs or events which may prevent such payments against the <br /> Contract. However, the City cannot guarantee the availability of funds, and enters into the <br /> Contract only to the extent such funds are made available. The fiscal year for the City <br /> extends from October 1 st of each calendar year to September 30th of the following <br /> calendar year. <br /> ARTICLE 6 <br /> MISCELLANEOUS PROVISIONS <br /> 6.1 This Contract is governed by the laws of the State of Texas. Exclusive venue for <br /> any dispute arising under this Contract is in Hays County, Texas. <br /> 6.2 As to all acts or failures to act by either party to this Contract, any applicable <br /> statute of limitations will commence to run and any alleged cause of action will be deemed <br /> to have accrued when the party commencing the cause of action knew or should have <br /> known of the existence of the subject act(s) or failure(s) to act. <br /> 6.3 The City may terminate this contract if the City's Ethics Review Commission finds. <br /> 17 <br />