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GMS APPLICATION NUMBER 2009-F5281-TX-SB NOW THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS PROVIDED HEREIN, THE CITY AND COUNTY AGREE AS FOLLOWS: Section 1. CITY shall make application for the 2009 JAG Grant in the amount of $122,990.00 and upon receipt of all funds, CITY agrees to pay COUNTY fifty percent (50%) of the funds received. Section 2. CITY agrees to spend its $61,495 from the 2009 JAG Grant by the end of September, 2010. The COUNTY agrees to spend its $61,495.00 for the 2009 Justice Assistance Grant Program by the end of September 2010. Section 3. It is agreed that no party to this Agreement shall be responsible for the acts of another party to this Agreement, and each party participating herein indemnifies, releases and holds all other participating parties harmless for all acts of its own officers, officials, agents and employees acting hereunder, to the full extent permitted by law. Section 4. It is expressly understood and agreed that in the execution ofthis Agreement, neitherthe parties to this Agreement waive, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. Section 5. The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto, and each hereby certifies to the other that any necessary resolutions or minute orders extending such authority have been duly passed and are now in full force and effect. Section 6. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein; and this Agreement shall not create any rights in any parties not signatories hereto. . OU011-i