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<br /> SECTION 7. The failure of either party to insist in anyone <br /> or more instances upon performance of any terms or <br /> conditions of this Agreement shall not be construed a waiver <br /> of future performance of any such term, covenant or <br /> condition but the obligations of either party with respect <br /> thereto shall continue In full force and effect. <br /> SECTION 8. Any notice given hereunder shall be in writing <br /> and delivered or mailed: <br /> (a) To Consultant at: <br /> Fred Saffer utility Consultants, Inc. <br /> 3113 Lawton Road, Suite 177 <br /> Orlando, Florida 32803 <br /> (b) To Client at: <br /> A. C. Gonzalez, City Manager <br /> City of San Marcos <br /> City Hall <br /> 630 E. Hopkins <br /> San Marcos, Texas 78666 <br /> Either party may, by notice as aforesaid, designate a <br /> different address. Any notice given hereunder shall be <br /> effected on the date of receipt. <br /> SECTION 9. This Agreement supersedes all previous <br /> agreements between Consultant and the Client and contains <br /> the entire understanding and agreement between the parties <br /> wlth respect to the subject matter hereof and cannot be <br /> amended, modified or supplemented in any respect except by a <br /> subsequent written agreement entered into by both parties. <br /> SECTION 10. In connection with any litigation including <br /> appellate proceedings arising out of this contract, the <br /> prevailing party shall be entitled to recover reasonable <br /> attorney's fees and costs. <br /> SECTION 11. This Agreement lS in force from this 19th day <br /> of November, 1985. <br /> IN WITNESS WHEREOF, we have hereunto set our hands <br /> and seals on the date above written. <br /> FRED SAFFER UTILITY CONSULTANTS, INC. <br /> Byl~¿~. <br /> <br /> THE CITY OF SAN MARCOS, TEXAS <br /> By: L~-- <br />