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City's EProcurement software provider will add the County's and the SMCISD's logo to the <br />City's EProcurement header at the City's request, the cost for each modification will be <br />borne by the entity requesting the modification. <br />9. Termination. This Agreement may be terminated at any time by any Party for convenience <br />and without cause, by giving a thirty (30) calendar day advance written notice to the other <br />Party in accordance with Paragraph 12 herein. <br />10. Hold Harmless. The Parties agree to hold each other harmless from and against any and all <br />claims, losses, damages, causes of action, suits and liabilities of every kind, including all <br />expenses of litigation, court costs and attorney's fees, for injury or death of any person, for <br />damage to any property, or for any breach of contract, arising out of or in connection with the <br />work done under this Agreement. <br />11. Invalidity. Should any provision in this Agreement be found or deemed to be invalid, <br />illegal, or unenforceable by a court or other tribunal of competent jurisdiction, this <br />Agreement will be construed as not containing the provision and all other provisions which <br />are otherwise lawful will remain in full force and effect, and to this end the provisions of this <br />Agreement are declared to be severable. The Parties will use their best efforts to replace the <br />respective provision or provisions of this Agreement with legal terms and conditions <br />approximating the original intent of the parties as necessary. <br />12. Written Notice. Unless otherwise specified, written notice will be deemed to have been <br />duly served if delivered in person or sent by certified mail to the last business address as <br />listed herein. <br />City of San Marcos: <br />San Marcos Consolidated <br />Independent School District: <br />Purchasing Division <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Purchasing Department <br />San Marcos C.I.S.D. <br />P.O. Box 1087 <br />San Marcos, Texas 78667 <br />Hays County: County Auditor <br />Hays County <br />712 S Stagecoach Trail, Suite 1071 <br />San Marcos, Texas 78666 <br />13. Applicable Law. This Agreement is governed by the laws of the State of Texas. <br />14. Place of Performance. Performance and exclusive venue for any dispute arising under this <br />Agreement is in Hays County, Texas. <br />3 <br />