Harris County Flood Control District - bike and pedestrian trail to be built on HCFCD property

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including Tex. Loc. Gov't Code Ann. Ch. 317, as amended. xv. No Allocation of Funds It is expressly understood and agreed by the parties, such understanding and agreement being of the essence to this Agreement, that the District has not appropriated funds hereunder to fulfill any obligation created by the terms of this Agreement; provided further, however, that the District may, but shall not be obligated to, from time to time budget and appropriate funds to fulfill any obligation created hereunder. In the event the District shall fail or refuse to appropriate or expend funds necessary to perform any obligation hereunder, the sole remedy of the City shall be to terminate this agreement; provided further, however, that before terminating this Agreement for such failure or refusal, the City shall first notify the District in writing of its intent to terminate and give the District not less than thirty (30) days to remedy such deficiency, and thereafter only terminate in the event the District fails or refuses to remedy the deficiency. XVI. Entire Aoreement This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by all parties hereto. XVII. Titles and Provisions Titles are for convenient reference oniy and shall not be used to interpret or limit the meaning of any provision of this Agreement. The use of the neuter, male, or female singular pronoun to refer to the District or the City shall be deemed a proper reference, even though the District or the City may be a male individual, a female individual, a partnership, a corporation, a limited liability company, governmental entity, or any other entity or group of two or more individuals or entities. - 6 -