O-2010-3212 Interlocal Agreement with Harris County/emergency assistance during disaster declaration

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W. The mutual obligations herein shall constitute full compensation for all services, and neither Party shall be entitled to any reimbursement for assistance hereunder. Neither Parry shall have any liability for failure to expend funds to provide aid hereunder. Each Party understands and agrees that neither Party has certified funds under this Agreement, and neither Party shall have a cause of action for money against the other Party under this Agreement irrespective of the nature thereof. The sole remedy for failure to provide aid in accordance with this Agreement or for breach of any provision of this Agreement is termination. V. Neither Parry to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its officers, employees, agents, and volunteers as a result of its execution of this Agreement and the performance of the covenants contained herein. Furthermore, neither the terms of Section III and Section IV, nor any other provision in this Agreement, shall prohibit either Party from seeking financial aid or in-kind reimbursement from any state or federal agency or program. Pursuant to section 421.062 of the Texas Government Code, the Responding Party is not responsible for any civil liability that arises from any act or omission made within the course and scope of its functions to provide a service under this Agreement that is related to a homeland security activity. The Parties understand and agree that the Requesting Party does not assume civil liability under any theory of law for the actions of the Responding Party in providing services hereunder. The condition of equipment provided hereunder is the sole responsibility of its owner. If the equipment is damaged or destroyed, the financial responsibility is the owner's and may be recovered through insurance acquired by the owner, or through any other resources available to the owner. The Requesting Party is not responsible for damage to equipment or injury to any person, or for the actions of the Responding Party. VI. This Agreement shall continue in force and remain binding on each Party until such time as the governing body of either Harris County or the City terminates this Agreement. The Parties mutually agree that the Parry requesting termination shall notify the other Party, in accordance with the notice provision contained in Section VII, at least 90 days prior to any action taken to terminate this Agreement by either Harris County or the City. VII. Any notice required to be given under this Agreement shall be in writing and shall be duly served when it is deposited, enclosed in a wrapper with the proper postage affixed and duly certified, return -receipt requested, in a United States post office, addressed to Harris County or the City at the following addresses.