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16.2 Force Majeure. Neither the DEPARTMENT nor SMCISD shall be required to <br />perform any term, condition, or covenant in this Agreement so long as performance is <br />delayed or prevented by force majeure, which shall mean acts of god, strikes, lockouts, <br />material, or labor restrictions by a governmental authority, civil riots, floods, and any <br />other cause not reasonably within the control of the CITY OF SAN MARCOS <br />POLICE DEPARTMENT or the SMCISD is unable, wholly, or in part, to prevent or <br />overcome. If by reason of force majeure either party is prevented from full <br />performance of its obligations under this Agreement, written notice shall be provided <br />to the other party within three (3) days as follows: <br />BY CERTIFIED MAIL OR HAND DELIVERY <br />San Marcos Consolidated Independent School District <br />Mark. E. Eads, Superintendent <br />P.O. Box 1087 <br />San Marcos, Texas 78667 <br />City of San Marcos <br />James R. Nuse, P.E., City Manager <br />630 East Hopkins <br />San Marcos, TX 78666 <br />16.3 Agreement. This Agreement represents the complete School Resource Officer <br />Program Agreement between the DEPARTMENT and the SAN MARCOS <br />CONSOLIDATED INDEPENDENT SCHOOL DISTRICT. <br />16.4 Amendment. No amendment, modification, or alteration of the terms of this <br />Agreement shall be binding unless it is in writing with dates of amendments sequent to <br />the date of this Agreement, and duly executed by the parties to this Agreement. <br />16.5 Texas Law to Apply. This Agreement shall be construed under, and in accordance <br />with, the laws of the State of Texas as amended from time to time, and all obligations <br />of the parties created by this Agreement are performable in Hays County, Texas. <br />EXECUTED this the day of , 2013. <br />z e:!:01V <br />Mark E. Eads, Superintendent <br />San Marcos Consolidated Independent School District <br />\X1 <br />Juse, P.E. <br />anage r <br />8 of 9 <br />