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<br /> COUNTY : Hays <br /> HIGHWAY : 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 <br /> agreement fully executed, and. the State and the Outside Entity consider it to be in full force and <br /> effect until the Project described herein has been completed and accepted by all parties or unless <br /> terminated as hereinafter provided. <br /> ARTICLE 2. PROJECT FUNDING <br /> If the project is approved, the State will authorize construction of only those Project items of <br /> work which the Outside Entity has requested and has agreed to pay for as described in Payment <br /> Provision and Work Responsibilities, Attachment A and Exhibit 1 to Attachment A, which are <br /> attached to and made a part of this contract. In addition to identifying those items of work paid <br /> for by payments to the State, Attachment A, Payment Provision and Work Responsiblities, also <br /> specifies those Project items of work that are the responsibility of the Outside Entity and will be <br /> carried out and completed by the Outside Entity, at no cost to the State. <br /> Texas Government Code, Chapter 2106 requires the State to recover indirect costs associated <br /> with this agreement. The indirect costs will be calculated based on prevailing rates as determined <br /> through the State's Indirect Cost Recovery Program. <br /> ARTICLE 3. TERMIN A TI 0 N <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 if it determines that completion of the Project is not in the best interests of <br /> the 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 <br /> up 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 <br /> the State or its authorized representative access to the site to perform any activities required to <br /> execute. the work. The Outside Entity will provide for all necessary right-of-way and utility <br /> adjustments needed for performance of the work regardless of ownership. <br /> Page 2 of 10 <br />