Res 2017-044/Wildenthal Executed

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25. Miscellaneous. In the event that any of the deadlines set forth herein end on a Saturday, Sunday or legal holiday, such deadline shall automatically be extended to the next business day which is not a Saturday, Sunday or legal holiday. The term "business days" as may be used herein shall mean all days which are not on a Saturday, Sunday or legal holiday. 26. Representation. City hereby acknowledges that neither The Trust for Public Land nor its attorney represented City as an attorney in this transaction and neither actually provided any legal advice, counsel or service to or on behalf of City. City further acknowledges that The Trust for Public Land's attorney represented the interests of The Trust for Public Land solely in this transaction. 27. Contingency. Buyer acknowledges that Seller does not presently own the Property and that Seller's duties hereunder and Buyer's rights hereunder are both expressly contingent upon the acquisition by Seller of the Property. In the event Seller does not acquire the Property from the Current Owner, this Agreement shall terminate and neither party shall have any further obligations hereunder. 28. Conditions to Access to Property. Before entering upon the Property, City shall notify TPL and TPL shall have obtained the Current Owner's permission for City to enter upon the Property to conduct said investigations. To the extent allowed by the constitution and laws of the State of Texas, City does hereby indemnify and hold the Current Owner and TPL and its officers, directors, principals, and employees, as the case may be, harmless from and against any and all liability, loss, cost, claim, action, suit and/or expense (including but not limited to attorneys' fees and litigation expenses) which they may suffer or incur by reason of City's or its agents presence on the Property. 29. Signage. The parties agree that permanent signage on the Property shall provide for recognition of the role of TPL in this acquisition, said signage being subject to applicable governmental regulations and the approval of TPL. This section shall survive the delivery of the deed. 30. Expiration. This Agreement shall be of no force or effect, and shall be null and void, unless a fully -signed original of this Agreement, signed by both parties, is delivered to Seller and received by Seller no later than March 17, 2017. Seller may in its sole discretion waive this expiration date. IN WITNESS of the foregoing provisions the parties have executed and delivered this Agreement as of the date set forth below. The effective date (the "Effective Date") of this Agreement shall be the last date of execution by either of the parties to this Agreement. This Agreement may be executed and delivered by electronic signature (including facsimile or .pdD Agzmt of Sale City of San Marcos_Wildenthal Phase 2 (3-46-17).doc 8