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<br /> COUNTY : Hays <br /> lllGHWAY : IH 35 in San Marcos <br /> ARTICLE 1. TIME PERIOD COVERED <br /> This agreement becomes effective when signed by the last party whose signing makes the agreement <br /> fully executed, and the State and the Outside Entity consider it to be in full force and effect until the <br /> Project described herein has been completed and accepted by all parties or unless terminated as <br /> hereinafter provided. <br /> ARTICLE 2. PROJECT FUNDING <br /> If the project is approved, the State will authorize construction of only those Project items of work <br /> which the Outside Entity has requested and has agreed to pay for as described in Attachment "N', <br /> and further described in Exhibit "N', which are attached to and made a part of this contract. In <br /> addition to identifying those items of work paid for by payments to TxDOT, Attachments "N' ,"B" <br /> "C", and Exhibit "N', specify those Project items of work that are the responsibility of the Outside <br /> Entity and will be carried out and completed by the Outside Entity, at no cost to the State. <br /> ARTICLE 3. TERMINATION <br /> This agreement may be terminated before the Project is completed by: <br /> . mutual written agreement and consent of both parties <br /> . or, by either party upon the failure of the other party to fulfill the obligations set <br /> forth herein <br /> . or, by the State ifit determines that completion of the Project is not in the best interest of the <br /> State <br /> If the contract is terminated in accordance with the above provisions, the Outside Entity will be <br /> responsible for the payment of Project costs incurred by the State on behalf of the Outside Entity up <br /> to the time of termination. <br /> ARTICLE 4. RIGHT OF ACCESS <br /> If the Outside Entity is the owner of any part of the Project site, the Outside Entity shall'permit the <br /> State or its authorized representative access to the site to perform any activities required to execute <br /> the work. The Outside Entity will provide for all necessary right-of-way and utility adjustments <br /> needed for performance of the work regardless of ownership. <br /> Page 2 of 10 <br />