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<br /> The Issuer agrees to indemnify the Bank for, and hold it harml ess <br /> against, any loss liability or expense incurred wi thout negligence or bad <br /> faith on its part, arising out of or in connection with its acceptance or <br /> administration of its duties hereunder, including the cost and expense <br /> (including its counsel fees) of defending itself against any claim or <br /> 1 i abil i ty in connection with the exercise or performance of any of its <br /> powers or duties under this Agreement. <br /> Section 5.07. Interpleader <br /> The Issuer and the Bank agree that the Bank may seek adjudication of <br /> any adverse claim, demands or controversy over its persons as well as funds <br /> on deposit, in either the District Court of Hays County Texas, <br /> or the Un ited States Federa 1 District Court for the Western District of Texas- <br /> Austin Division waive personal service of any process, and agree that service of <br /> process by certified or registered mail, return receipt requested, to the <br /> address set forth in Section 6.03 of this Agreement sha 11 con st itute <br /> adequate service. The Issuer and the Bank further agree that the Bank has <br /> the right to file a Bill of Interpleader in any court of competent <br /> jurisdiction to determi ne the rights of any Person claiming any interest <br /> herein. <br /> ARTICLE SIX <br /> MISCELLANEOUS PROVISIONS <br /> Section 6.01. Amendment <br /> This Agreement may be amended only by an agreement in writing signed <br /> by both of the parties hereof. <br /> Section 6.02. Assignment. <br /> This Agreement may not be assigned by either party without the prior <br /> written consent of the other. <br /> Section 6.03. Notices. <br /> Any request, demand, authorization, direction, notice, consent, <br /> waiver or other document provided or permitted hereDY to be given or fur- <br /> nished to the Issuer or the Bank shall be mailed or delivered ~o the Issuer <br /> or the Bank, respectively, at the addresses shown on page 10. <br /> Section 6.04. Effect of Headings. <br /> The Article and Section headings herein are for convenience only and <br /> shall not affect the construction hereof. <br /> Section 6.05. Successors and Assigns. <br /> All covenants and agreements herein by the Issuer shall bind its <br /> successors and assigns, whether so expressed or not. <br /> 01073210/0008.0.0 <br />