Res 2012-149 - Laserfiche WebLink

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Objective #3 — TWR and native plant plantings $270,250.00 Total Not -to- Exceed: $622,813.00 The City will make payment based upon the percentage complete within each Objective. Reimbursable expenses are included in the not -to- exceed fee for each Objective. Section 4. Term The term of this Agreement will commence on January 1, 2013 and will end on December 31, 2013 unless terminated by either party in accordance with Section 5) G). In the event the City wishes to extend this Agreement it will do so by the issuance of an Authorization of Change in Service attached as Attachment A no sooner than 30 calendar days prior to the termination date and no later than the actual date of termination.. Section 5. Miscellaneous Provisions A. Interlocal Cooperation: The City and UofHCL agree to cooperate with each other in good faith at all times during the term of this Agreement in order to achieve the purposes and intent of this Agreement. Each party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative. B. Entire Agreement: This Agreement, including appendices and referenced attachments represents the entire and integrated agreement between the Parties and supersedes all prior proposals, negotiations, representations, understandings and agreements either written or oral between the Parties. This Agreement may not be modified or amended except by written amendment or an authorization of change form executed by both Parties. Neither Party may assign this Agreement without the written consent of the other party except that the Parties reserve their constitutional, statutory and common law rights, privileges, immunities and defenses. C. Invalid Provisions: Should any provision in this Agreement be found or deemed to be invalid, this Agreement will be construed as not containing the provision and all other provisions which are otherwise lawful will remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. D. Applicable Law: This Agreement is governed by the laws of the State of Texas. Exclusive venue for any dispute arising under this Agreement is in Hays County, Texas. E. Interpretation: The parties acknowledge and confirm that this Agreement has been entered into pursuant to the authority granted under the Act. All terms and conditions are to be construed and interpreted consistently with the Act. UofHCL Interlocal 2012 5