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<br />2) In the event that CITY defaults under the <br />terms of this agreement after acceptance by CITY of this agree- <br />ment as provided herein and fails to return the two original <br />easement documents held in escrow as provided herein, then CITY <br />shall be liable to ALEXANDER GROUP for any loss resulting to <br />ALEXANDER GROUP for CITY's failure to return said easement <br />documents, together with all reasonable attorneys' fees and costs <br />incurred by ALEXANDER GROUP in connection therewith. <br /> <br />3) In the event that CITY defaults under the <br />terms of this agreement after acceptance by CITY of this agree- <br />ment as provided herein, then CITY shall be liable to S&S and SAN <br />MARCOS 186 for the engineering costs incurred by S&S and SAN MAR- <br />COS 186 hereunder, together with interest at 10% per annum and <br />all reasonable attorneys fees and costs incurred by S&S and SAN <br />MARCOS 186 in connection with obtaining such reimbursement. <br /> <br />4) In the event S&S or SAN MARCOS 186 defaults <br />in the payment of the engineering fees provided for herein, and <br />CITY is not in default under the terms of this agreement, then <br />CITY shall be entitled to recover from S&S and SAN MARCOS 186, <br />jointly and severally, any unpaid engineering services provided <br />for herein, together with interest at 10% per annum, all <br />reasonable attorneys' fees and costs of Court incurred by CITY in <br />connection with obtaining payment of said engineering fees <br />provided herein. <br /> <br />5) In the event the design, plans and specifica- <br />tions of the sewer line by ProTech Engineering Group are not com- <br />pleted in accordance with the City of San Marcos standard <br />specifications and furnished to CITY on or before the 30th day of <br />A p r iI, 1 987, the n CITY, at its 0 P t ion, may e 1 e c t tot e r m i n ate <br />this agreement by giving written notice to the other parties to <br />this agreement, at their respective addresses shown below their <br />signatures hereto, on or before the 10th day of May, 1987, and <br />except for CITY's obligations to return the original easements <br />provided for herein, CITY shall have no further obligations under <br />this agreement. <br /> <br />EXECUTED <br /> <br />t his 9 t h day 0 f Fe b ru a r y, 1 987 . <br /> <br /> <br /> <br />By-. <br />Handler Smith, President <br />P. O. Box 358 <br />San Marcos, Texas 78667 <br /> <br />SAN M,\RZOS,.1186 LIMlj"D 21:Z:P <br /> <br />BY:_~_Ll~~~~_~~~----------- <br />Michael Hudkins <br />55 N. IH35 If224 <br />Austin, Texas 78702 <br /> <br /> <br />By: <br /> <br />Andrew Gary <br />P. O. Box 727 <br />San Marcos, Texas <br /> <br />7 8667 <br /> <br />APPROVED <br /> <br />this <br /> <br />___~a__- day of ----~~-----------, <br /> <br /> <br />C(T~~~ SAN MARCOS <br />, \...1" ..-~ <br />'" '. ,.. . <br />,,-. /1\ ~ '..-..1/- " <br />B : '_'.,L'~~":"-" <br />y -T-r~--~-- ------~------------- <br /> <br />~. E. Younger, Mayor <br /> <br />1987. <br />