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deliver to Company an estoppel certificate certifying as follows: (a) whether this Agreement is <br /> unmodified and in full force and effect (or if modified, disclosure of such modifications and <br /> whether this Agreement is in full force and effect as modified); (b) whether to the City's <br /> knowledge, Company is in default under this Agreement; and (c) any other reasonable factual <br /> inquiries a party may request regarding this Agreement. <br /> Section 8.11. Waiver. No term or condition of this Agreement shall be deemed to <br /> have been waived, nor shall there be any estoppel to enforce any provision of this Agreement, <br /> except by written instrument of the Party charged with such waiver or estoppel. <br /> EXECUTED to be effective as of the Effective Date. <br /> CITY OF S N MARCOS, TEXA <br /> By: „tat <br /> Ja ed Miller, City Manager <br /> COMPANY <br /> By: <br /> Name: Gu 1‘' r-N, (--) (),A- <br /> Title: <br /> V ! � ;vc, LU2��-N� (cui>c-\ <br /> 17 <br />