Res 2013-063/Interlocal Agreement w/San Antonio Water System to allow the City's participation in a cooperative purchasing arrangements

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ARTICLE 4- MISCELLANEOUS 4.1 Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or a trust between the parties. 4.2 Interlocal Cooperation: The City and SAWS 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. 4.3 Notice: Unless otherwise specified, written notice will be deemed to have been duly served if delivered in person or sent by certified mail to the last business address as listed herein. San Antonio Water System: Yvonne C. Torres, CPSM, C.P.M Director Purchasing 2800 U.S. Hwy 281 North San Antonio, Texas 78212 City of San Marcos: James R. Nuse, P.E., City Manager City of San Marcos 630 E. Hopkins San Marcos, Texas 78666 4.4 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 mutual written agreement 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. 4.5 Severability: In the event any one or more of the provisions contained in this Agreement will for any reason be held to be invalid, illegal, or unenforceable in any respect, 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. 4.6 Governing Law: The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties will be governed by the laws of the State of Texas; and venue for any action concerning this Agreement will be in Bexar County of Texas. 3