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GOVERNMENTAL FUNCTION; IMMUNITY <br />The City's execution of and performance under this Agreement will not act <br />as a waiver of any immunity of the City to suit or liability under applicable <br />law. The parties acknowledge that the City, in executing and performing <br />this Agreement, is a governmental entity acting in a governmental <br />capacity. <br />EXECUTED to be effective as of the Effective Date first stated above. <br />STATE OF TEXAS § <br />M <br />COUNTY OF HAYS § <br />This instrument was acknowledged before me on the 1day of 2014, <br />by Jared Miller, City Manager of the City of San Marcos, in such capacity, on behalf of <br />said entity. <br />" KAREN SMITH <br />B� Noloty pwoiic. Mte of Texos <br />My ppmmission Expires <br />Apt <br />it 2e, 2018 Nota Public, ate f Texas <br />-- <br />14 <br />