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<br />Section 11.02. The Developer agrees to include provisions in its leases for the Facilities <br />prohibiting discrimination by tenants in the provision of services or in employment practices at the <br />Facilities on the basis of race, creed, color, national origin, sex or disability. <br />Section 11.03. In the event any section, subsection, paragraph, sentence, phrase or word is <br />held invalid for any reason, the balance of this Agreement will remain in effect and will be read as if <br />the parties intended at all times not to include the invalid section, subsection, paragraph, sentence, <br />phrase or word. This Agreement may be amended only by a written instrument executed by both <br />parties. <br />Section 11.04. This Agreement will be construed under the laws of the State of Texas. The <br />term "will" is mandatory in this Agreement. Mandatory venue for any action under this Agreement <br />will be in the state court of appropriate jurisdiction for the action in Hays County, Texas. This <br />Agreement is performable in Hays County, Texas. The City's execution of and performance under <br />this Agreement will not act as a waiver of any immunity of the City to suit or liability under <br />applicable law. The parties acknowledge that the City, in executing and performing this Agreement, <br />is a governmental entity acting in a governmental capacity. <br />Section 11.05. A copy of this Agreement will be recorded in the official records of Hays <br />County, Texas, by the City. The Developer will be responsible for providing to the Hays County <br />Appraisal District all information necessary to give effect to this Agreement. <br />This Agreement has been executed by the parties in multiple originals or counterparts each <br />having full force and effect. <br /> <br />City of San M~os, Texas <br /> <br />By: J.~~ <br />Dan O'Leary, C ty Manager <br /> <br />STATE OF TEXAS <br />COUNTY OF HAYS <br /> <br /> <br />This instrument was acknowledged before me on 2005 by Dan <br />O'Leary, known personally by me to be the Cit}JManagerofthe "ty of San Marcos, on behalf of the <br />City of San Marcos. <br /> <br />Notary seal: <br /> <br />Notary Public, State of Texas <br /> <br />"~1."''''',, KAREN SMITH <br />.t'~-I't!i...", <br />r:~" "~.\ NotaryPutiC,SlBleofTlIICB8 <br />~* \ j* 1 My CotnrnI8IlIM EJPI8s <br />~ ~. .;.~"4I;o FEBRU ADV 6 2006 <br />~~....~~'" 1'Vl' , <br />~~",,,~~,,,\,,,,, <br /> <br />6 <br />