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City Of San Marcos <br />Form CoSM- Bond -01 <br />26. Time is of the essence in the performance of this Agreement. <br />27. The Owner represents and warrants that the person executing this Agreement is duly <br />authorized to enter into this Agreement on behalf of the Owner and to bind the Owner to <br />the terms hereof. <br />28. It is expressly understood that this Agreement may be terminated by the City at any time <br />up to the date that work under this Agreement is authorized and that such termination will <br />not create any liability on the part of the City, except to the degree Owner incurred <br />reasonable expenses up to the time of termination. <br />29. This Agreement does not and shall not be construed to alter or amend the rights, duties <br />and obligations of the City and Owner as set forth in any franchise agreements between <br />them whether entered into before or after the date hereof. To the extent of any conflict, <br />the terms of any such franchise agreement shall control over the terms in this Agreement. <br />30. The obligations of the City in this Agreement are subject to the annual lawful <br />appropriation of funds for such purposes. <br />EXECUTED on behalf of the Owner by its duly authorized representative; and on behalf of the <br />City of San Marcos. <br />OWNER: The City of San Marcos: <br />MCI Communications Services, Inc. <br />By. v, By: <br />am R. Nuse, P.E., City Manager <br />Title: Carl D. Hirschenhofer Manager, Right <br />of Way <br />Date: <br />Date aW <br />CoSM -01 MCI- Verizon.docx Page 7 of 7 <br />