Res 2007-183 - Laserfiche WebLink

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exercise by City of any right preclude any other or fi,h,re exercise thereof or the exercise of any other right. JQH and JQII-San Marcos each expressly waive any presentment, demand, protest, notice of demand, notice of protest, notrce of nonpayment, notice of dishonor or other notice of any kind, including, but not limited to, notice of intent to accelerate and notice of acceleration. No notice to or demand nn JQII and,~or JQII-San Viarcos in any case shall, of itself, entitle JQH or JQH-San Marcos to any other or fi,ture notice or demand -n similar or other circumstances." Follows: 3.19 The introductory para~ raph to Article X is hereby amended in its entirety to read as JQH, JQH-San Marcos and City further covenant and agree as follows, without limiting any requirement of any other Loan Doctunent: 3.20 Article X, Section 10.2 of the Loan Agreement is hereby amended in its entirety to read as follows: "10.2 Amendment. No modification, consent, amendment or waiver of any provision of this Agreement, nor consent to any departure by JQH and/or JQH-San Marcus lheretn>m, shall be effective unless the same shall be in writing and signed by an authorized representative of City, and then shall be effective only in the specified instance and for the purpose for which given- This Agreement is binding upon JQH and JQH-San ,Marcos, their respective beneficiaries, successors and assigns, and inures to the benefit of City, its successors and assigns; however, no assigrunerit or other transfer of either JQH's or JQH-San Marcos' rights or obligations hereunder shall be made or be effective without City's prior written consent, nor shall it relieve JQH or JQH-San Marcos of any obligations hereunder. There is no third party beneficiary of this Agreement." 3.21 Article X, Section 10.6 of the Loan Agreement is hereby amended in its entirety to read as follows; "10 6 Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when given in writing and delivered persouafly or when sent by united States mail, postage prepaid, certified mail, return receipt requested, addressed to the Party at the following addresses: iF intended for City- Attn: City Manager ~ City of San Marcos 630 Cast I [opkins i San Marcos, Texas 78666 Telephone: (512) 393-8100 facsimile: (512) 396-4656 With copies to: ----- Attn: Crty Attorney City of San Marcos 630 East IIopkins San 1~7arcos, Texas ?8666 Telephone: (512) 393-8000 Facsimile: (5 l2) 396-4656 yR5497 7