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<br /> <br />J S-ff ' <br /> <br /> <br />ARTICLE 5: SCOPE OF SERVICES (continued) <br /> <br />Ownership (title) of products purchased shall transfer directly from the contractor/vendor to the local government. The local <br />government agrees to provide H-GAC with documentation of receipt and acceptance of products and services within five (5) days <br />of acceptance of same. <br /> <br />ARTICLE 6: PAYMENTS <br /> <br />In accordance with the terms of this contract, the local government agrees that, upon presentation by H-GAC of a properly <br />documented, verified proof of performance and a statement of costs H-GAC has incurred, it shall upon delivery and acceptance <br />of products and services, promptly pay H-GAC, from current revenues available to the local government during the current fiscal <br />year. <br /> <br />ARTICLE 7: CHANGES AND AMENDMENTS <br /> <br />Any alternations, additions, or deletions to the terms of this contract which are required by changes in Federal and State law or, <br />regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on: <br />the date designated by such law or regulation. <br /> <br />H-GAC reserves the right to make changes in the scope of services and products offered through the H-GAC Cooperative <br />Purchasing Program to be performed hereunder. <br /> <br />ARTICLE 8: TERMINATION PROCEDURES <br /> <br />Either H-GAC or the local government may cancel or terminate this contract upon thirty (30) days written notice by certified <br />mail to the other party. In the event of such termination prior to completion of any purchase provided for herein, the local <br />government agrees to pay for services on a prorated basis for materials and services actually provided and invoiced in accordance <br />with the terms of this contract, including penalties, less payment of any compensation previously paid. <br /> <br />ARTICLE 9: SEVERABILITY <br /> <br />All parties agree that should any provision of this contract be determined to be invalid or unenforceable, such determination shall <br />not effect any other term of this contract, which shall continue in full force and effect. <br /> <br />ARTICLE 10: FORCE MAJEURE <br /> <br />To the extent that either party to this contract shall be wholly or partially prevented from the performance within the term <br />specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts <br />of war, insurrection, accident, judgment, act of God, or specific cause reasonably beyond the party's control and not attributable <br />to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such <br />disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. <br /> <br />ARTICLE 11: VENUE <br /> <br />A- <br /> <br />Venue and jurisdiction of any suit, or cause of action arising under, or in connection with, this contract shall lie exclusively in: <br />Harris County, Texas. <br /> <br />TillS INSTRUMENT, IN TWO (2) ORIGINALS, HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS: <br /> <br />. Ci ty of San Harcos <br />Name of Local Government <br />.630 E. Hopkins St. <br />Mailing Address <br />San Marcos, Texas 78666 <br /> <br />HOUSTON-GALVESTON AREA COUNCIL <br />3555 Timmons Lane, Suite 500, Houston, TX 77027 <br /> <br />/~ <br /> <br /> <br />. <br /> <br />City <br /> <br />By: ~ ~-4M <br />Signature of . ef elecGi official \:j <br /> <br />State <br /> <br />ZIP Code <br /> <br />r~2-9S- <br /> <br />Attest: <br /> <br />C Date: <br />i::; J' f/7A~ /lL/ <br /> <br />Deidre Vick, Public Services Dept. Manager <br /> <br />1.,aXTY D. Gilley, Ci ty ~':ana~er <br />Typed Name & Title of Signatory Date (/) v:0 /' <br />Date: /t.\::; /iY(,r <br />NOTE: Facsimile cOl1ies of this document are not accevtable as ORIGINALS. tiPrintecl 2/95: 2K <br /> <br />