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SECTION XI. INDEPENDENT CONTRACTOR <br />It is expressly agreed that Perdue is an independent contractor, and not an <br />employee, agent, partner or joint venturer with the City. <br />SECTION XII. SEVERABILITY <br />A. Every provision of this Contract is intended to be severable. If any term or <br />provision hereof is hereafter deemed by a court of competent jurisdiction to be illegal, <br />invalid, void or unenforceable, for any reason or to any extent whatsoever, such illegality, <br />invalidity, or unenforceability shall not affect the validity of the remainder of this Contract, <br />it being intended that such remaining provisions shall be construed in a manner most <br />closely approximating the intention of the parties with respect to the illegal, invalid, void <br />or unenforceable provision or part thereof. <br />B. This Contract is executed on behalf of the City by the presiding officer of <br />its governing body who is authorized to execute this instrument by Ordinance heretofore <br />passed and recorded in its minutes. This Contract may be executed in any number of <br />counterparts, and each counterpart shall be deemed an original for all purposes. Signed <br />facsimiles or electronically signed Contracts executed on behalf of the City by the <br />presiding officer of its governing body authorized to execute this instrument shall be <br />binding and enforceable. <br />EXECUTED by the Parties to be effective as of December 1, 2013. <br />City of San Marcos, Texas <br />By: <br />Nes use, P.E., ity Manager <br />Perdue Brandon Fielder Collins & Mott, L.L.P. <br />By: _941da � <br />Michael J. Darlow, rtner <br />0 <br />