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EXHIBIT "C" - ADDENDUM TO COMMERCIAL LEASE <br />This addendum ("Addendum") hereby amends, modifies and supplements that certain <br />Commercial Lease (the "Lease") of even date herewith by and between the City of San Marcos, <br />Texas - WIC Program (the "Tenant") and TwoFold, LLC (the "Landlord"). This Addendum is <br />executed contemporaneously with the Lease and in consideration of the parties agreeing to the <br />terms of the Lease as amended hereby. <br />The Lease is amended as follows: <br />1. All obligations of the Tenant, including, but not limited to, any duty to indemnify under <br />paragraph 19 or other paragraph, shall be enforceable against Tenant only to the extent permitted <br />by law and with the limitation that Tenant in no manner waives any limitations on liability or any <br />immunity granted by applicable laws or the Texas Constitution. <br />2. The limitation on liability of Landlord under paragraph 18 shall not extend to any losses <br />or damages caused in whole or in part by the negligent acts or omissions of Landlord applying <br />applicable principles of comparative negligence. <br />3. Notwithstanding anything to the contrary in Paragraph 23, Landlord shall not assert or <br />enforce a lien or security interest against any property of Tenant that is not permitted by <br />applicable law to be asserted or enforced against a Texas municipality. Moreover any such lien <br />or security interest shall be subordinate to any interest in property of the State of Texas or the <br />United States of America arising by virtue of any funding agreements such entities may have <br />with the Tenant. <br />4. Landlord shall maintain, at its expense, a maintenance and service contract for the HVAC <br />System. Tenant shall each month, pay Landlord the lesser of the actual monthly cost to Landlord <br />or $75.00 for maintenance of the HVAC Systems. <br />Executed and Agreed to effective as of the date of the approval by the city council of the City of <br />San Marcos of the Lease as amended hereby <br />CITY OF SA)q MARCOS, TENAN'T' TWOFOLD, LLC, LANDLORD <br />By: By: <br />Naive: `( e (I C?w Name: <br />Title: Ovyl cm p r Title: 1Xa" 2 r A" ? /a r14 e.-- <br />Q <br />Date: -! Gv? Date: ?-- p!-?