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<br />actually attributable to Licensee, its agents or employees. In <br />addition, it is further agreed that this indemnity prOV1S10n 1S <br />not applicable 1n regard to neligence solely and directly caused <br />by Licensor, its agents or employees. <br /> 5. By execution of this License Agreement, Licensee 1S <br />not releasing Licensor from any liability, attorney's fees, and <br />costs for loss or 1nJury to the surface of the remaining portion <br />of the original 132.65 acre tract adjoining the 2.923 acre tract <br />resulting from licensee's construction on the 2.923 acre tract. <br /> 6. This License Agreement shall not effect, 1n any <br />manner, Licensor's right to just compensation 1n said Cause no. <br />3595 styled City of San Marcos v. Ohren L. Patterson, Deceased, 1n <br />accordance with the govern1ng law as 1n other eminent domain <br />cases. <br /> 7. No oral prom1ses, oral agreements or oral warranties <br />shall be deemed a part of this Agreement, nor shall any <br />alteration, amendment, supplement, or wa1ver of any of the <br />provisions of this Agreement be binding upon either party hereto <br />unless the same be supplemented, altered, changed or amended by an <br />instrument 1n writing, signed by Licensor and Licensee. <br /> IN WITNESS WHEREOF, the parties hereto have executed <br />this Agreement as of the day and year first above written. <br /> STATE BANK & TRUST COMPANY <br /> AS TRUSTEE OF THE MAUDE T. <br /> PATTERSON TRUST <br /> BY:-rl R..¿-J ~~ ~ <br /> J . Thornton, Trust Officer <br /> CITY OF S~P MARCOS, TEXAS <br /> ~/ <br /> <:~o'/ /1'< <br /> ,.? \ /' 0 <br /> BY. ..L¿;;t:¡t,4<-&"""~_' C~.:'~"""£,,,'~';il <br /> . ,/ ..,--- --, <br /> Emmie Craddock, Mayor ') <br /> LICENSEE / <br />