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Res 2012-155
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Res 2012-155
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Last modified
3/26/2013 3:30:56 PM
Creation date
12/12/2012 12:53:33 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Approving
Number
2012-155
Date
12/4/2012
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ARTICLE VIII. NOTICES <br />A. All formal notices or communications which are required or permitted under this Funding <br />Contract shall be in writing and shall be deemed properly delivered if sent by (a) U.S. Mail <br />return receipt requested, (b) a nationally recognized overnight courier service, or (c) by telegram, <br />telex, telecopy or similar facsimile means, and if sent to the following addresses: <br />If to the EAA: Attention: Senior Program Manager - Threatened and <br />Endangered Species <br />Edwards Aquifer Authority <br />1615 N. St. Mary's Street <br />San Antonio, TX 78215 <br />If to San Marcos /Texas State University: <br />Attention: City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, TX 78666 <br />If any of the contact information changes, the Party shall notify the other party in writing within <br />30 days of the change. <br />B. The Parties may designate another person or persons for informal communication, <br />including invoicing or administrative matters. Informal contacts may be designated through each <br />Party's representative on the Implementing Committee. <br />C. Notices or other communications made under this section shall be deemed to have been <br />received on the date of delivery if delivered personally or sent via facsimile or overnight service, <br />or three (3) days after the date such notice is delivered, properly addressed, to the U.S. Mail of <br />mailed. <br />ARTICLE IX. TERMINATION <br />This Funding Contract may be terminated at any time by delivery of written notice of <br />termination by either Party to the other Party. The termination of this Funding Contract shall be <br />effective ninety ()90 days after the date of the notice of termination unless the Parties jointly <br />agree otherwise in writing. Upon receipt of such termination notice, San Marcos /Texas State <br />University shall immediately stop all work in progress. Insofar as possible, all work in progress <br />will be brought to a logical termination point or the date notice of termination was received, <br />whichever is later. Within one hundred twenty (120) days after the date of the notice of <br />termination, and as long as consistent with the approved Application, the EAA shall pay San <br />Marcos /Texas State University all moneys then due and owing for the rendered work to be <br />performed hereunder, costs and expenses reasonably incurred up to the logical termination point. <br />Upon receipt of a termination notice, San Marcos /Texas State University shall, within sixty (60) <br />days, deliver or make copies available to the EAA, all data, drawings, specifications, reports, <br />estimates, summaries, and such other information and materials as may have been accumulated <br />by San Marcos /Texas State University in the performance of this Funding Contract, whether <br />completed or in process. <br />8of15 <br />
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