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<br />Bank to the Issuer, and the Owner of such Bond shall thereafter look only to the <br />Issuer for payment thereof, and all liability of the Bank with respect to such monies <br />shall thereupon cease. <br /> <br />Section 5.06. Indemnification. The Issuer agrees to indemnify the Bank, its <br />officers, directors, employees and agents for, and hold them harmless against, any <br />loss, liability or expense incurred without negligence or bad faith on their part, <br />arising out of or in connection with its acceptance or administration of the Bank's <br />duties hereunder, including the cost and expense (including its counsel fees) of <br />defending itself against any claim or liability in connection with the exercise or <br />performance of any of its powers or duties under this Agreement. <br /> <br />Section 5.07. Interpleader. The Issuer and the Bank agree that the Bank may <br />seek adjudication of any adverse claim, demands or controversy over its persons as <br />well as funds on deposit, in either the District Court of Travis County, Texas, or the <br />United States Federal District Court for the Western District of Texas, waive <br />personal service of any process, and agree that service of process by certified or <br />registered mail, return receipt requested, to the address set forth in this Agreement <br />shall constitute adequate service. The Issuer and the Bank further agree that the <br />Bank has the right to file a Bill of Interpleader in any court of competent <br />jurisdiction to determine the rights of any Person claiming any interest herein. <br /> <br />ARTICLE SIX <br />MISCELLANEOUS PROVISIONS <br /> <br />Section 6.01. Amendment. This Agreement may be amended only by an <br />agreement in writing signed by both of the parties hereof. <br /> <br />Section 6.02. Assignment. This Agreement may not be assigned by either <br />party without the prior written consent of the other. <br /> <br />Section 6.03. Notices. Any request, demand, authorization, direction, <br />notice, consent, waiver or other document provided or permitted hereby to be given <br />or furnished to the Issuer or the Bank shall be mailed or delivered to the Issuer or <br />the Bank, respectively, at the addresses shown below: <br /> <br />(a) <br /> <br />if to the Issuer: <br /> <br />The Ci ty of San Marcos <br />630 East Hopkins Street <br />San Marcos, Texas 78666 <br />A ttention: Mayor <br /> <br />(b) <br /> <br />if to the Bank: <br /> <br />MBank Austin, N .A. <br />P. O. Box 2266 <br />Austin, Texas 78780 <br />Attention: Corporate Trust Department <br /> <br />-8- <br />