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<br /> -6- <br /> XVIII. <br /> No assent, express or implied, by Lessor to any breach of <br /> any of Lessee's covenants, agreements, conditions or terms hereof <br /> shall be deemed or taken to be a waiver of any succeeding breach <br /> of any covenant, agreement, condition or term hereof. <br /> XIX. <br /> Any word, group of words, phrase, sentence, paragraph or <br /> provision herein prohibited by law, or decision by a court of <br /> final jurisdiction shall be ineffective to the extent of such <br /> prohibition without invalidating the remaining provisions hereof, <br /> xx. <br /> Whenever any payment is to be made under this lease at or <br /> within a time stated, and whenever any act is to be done under this <br /> lease, by either party, at, or within a stated time, time shall <br /> be of the essence of this Agreement. <br /> XXI. <br /> The foregoing instrument in writing constitutes the entire <br /> agreement herein, there being noother written or parole agreement <br /> with any officer or employee of Lessor. Amendment to this Agreement <br /> may be made only in writing executed by both parties. <br /> Executed in Duplicate Originals this day of , <br /> A.D. 19 . <br /> THE CITY OF SAN MARCOS, TEXAS <br /> BY: <br /> A.C. Gonzalez <br /> Attest: City Manager <br /> Janis K. Womack <br /> City Secretary <br />