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4. Mi%ccllaneouti: (a) This License and all of the provisions herein contained shall be binding upon the parties hereto, <br />their heir, cxecuIois, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any <br />name changes. Licensee agrees not to assign this License or any interest therein, without the consent of Licensor in writing, and any <br />and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of any <br />assignment, licensee shall at all times remain fully responsible and liable for the payment of the rental, if any, herein specified and <br />for the compliance of all of its other obligations under the terms, provisions, and covenants of this License. <br />(b) In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate on any yearly <br />anniversary date of this license by giving Licensee thirty (30) days' written notice. Licensor may increase the rental by the <br />percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last rental <br />increase period, or the last anniversary date hereof. <br />(c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether <br />Licensee be a natural person, a partnership, or a corporation, or any combination thereof. <br />(d) Any notice herein required to be given by Licensor to Licensee shall be deemed properly given if served upon or <br />delivered to Licensee or his authorized agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last <br />known place of business. <br />(e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this License, nor shall any alteration, <br />amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the <br />same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and Licensee. <br />(f) This License does not become binding upon Licensor until executed by Licensors vice-president. <br />IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. <br />MISSOURI-KANSAS-TEXAS RAILROAD COMPANY <br />ter, ' <br />By <br />Vice-President <br />CITY OF SAN MARCOS, TEXAS <br />t/ a <br />p ? - ,? ,-1 rt.e!t <br />By <br />Title Mayor <br />Address: 630 E. Hopkins <br />San Marcos, Texas 78666 <br />File: T-18970 -3-