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Res 2007-183
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Res 2007-183
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Last modified
6/17/2008 3:59:32 PM
Creation date
10/18/2007 10:14:04 AM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Amendment
Number
2007-183
Date
10/16/2007
Volume Book
173
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If to Lessor: Attn: City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />Fax: (512} 396-4656 <br />With a copy to: Attn: City Attorney <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />Telephone: (512) 393-8000 <br />Facsimile: (512) 396-4656 <br />12.6 Successors and Assigns. Except as expressly provided in Article 7, this Lease may <br />not be assigned without the prior written consent of the other Party hereto. Subject to the <br />foregoing, this Lease shall be binding upon and shall inure to the benefit of the Parties and their <br />permitted successors and assigns. <br />12.7 Amendment. Except as expressly provided herein, neither this Lease nor any term <br />hereof may be amended, waived, discharged or terminated, except by a written instrument signed <br />by the Parties hereto. <br />12.8 Headings and Subheadings. The headings of the articles, sections, paragraphs and <br />subparagraphs of this Lease are for convenience or reference only and in no way define, limit, <br />extend or describe the scope of this Lease or the intent of any provisions hereof. <br />12.9 Unavoidable Default and Delays. After the Commencement Date, the time within <br />which any Party to this Lease shall be required to perform any act under this Lease, other than <br />the payment, when due, of Base Rent or any other payment by Lessee, shall be extended by a <br />period of time equal to the number of days during which performance of such act is delayed by <br />casualty, damage, strikes or lockouts, acts of God, governmental restrictions, failure or inability <br />to secure materials or labor, reason of priority or similar regulations or order of any <br />governmental or regulatory body, enemy action, civil disturbance, fire, unavoidable casualties or <br />any other cause beyond the reasonable control of the Parry seeking the extension (except for <br />financial circumstances or events or matters that may be resolved by the payment of money). <br />12.10 Severability. In the event one or more of the terms or provisions of this Lease or <br />the application thereof to any Party or circumstances shall, to any extent, be held invalid, illegal <br />or unenforceable, the remainder of this Lease, or the application of such term ox provision to <br />persons or circumstances other than those as to whom or which it is held invalid or <br />unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be <br />valid and enforceable to the fullest extent permitted by law. <br />12.11 Governing Law. THIS LEASE SHALL RE GOVERNED BY, AND <br />CONSTRUED AND ENFORCED 1N ACCORDANCE WITH THE LAWS OF THE UNITED <br />STATES APPLICABLE THERETO AND THE LAWS OF 'i'HE STATE OF TEXAS <br />APPLICABLE TO A LEASE EXECUTED, DELIVERED AND PERFORMED IN SUCH <br />23 <br />2025904.1 <br />
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