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parties, and upon their respective successors in interest and legal representatives, except <br />as otherwise expressly provided. <br />6.6. Waiver. One or more waivers of any provision of this Agreement by the City or SMRF <br />will not be deemed to waive the authority to enforce strict compliance with this Agreement <br />in the future. <br />6.7. No Joint Venture. Nothing in this Agreement will be deemed or construed by the parties, <br />nor by any third party, as creating the relationship of principal and agent or of partnerships <br />or of joint venture between the parties. The only relationship between the parties is that of <br />independent contractors. <br />6.8. No Discrimination. Parties agrees not to discriminate on the basis of race, creed, color, <br />religion, age, sex or national origin in its activities under this Agreement. <br />6.9. Notices. Notices required by this Agreement will be provided by the parties to one another <br />by certified mail, return receipt requested, or by email, to the following addresses: <br />City Manager Executive Director , <br />City of San Marcos San Marcos River Foundation <br />630 East Hopkins PO Box 1393 <br />San Marcos, TX 78666 San Marcos, TX 78667-1393 <br />citymanagerinfo@samnarcostx.gov virginia@samnarcosriver.org <br />6.10. Assignment. Parties agree to not assign or transfer this Agreement without prior written <br />consent of the other party. This agreement is executive to be effective on the Effective <br />Date first written above. <br />6.11. Subject to Appropriations. All expenditures by the City necessary for the performance <br />of its obligations under this MOU are subject to the appropriation of lawfully available <br />funds by the San Marcos City Council as part of its budget and appropriations process for <br />the fiscal year in which the expenditure is to be made. <br />City of San Marcos <br />By: <br />Bert LPumbrera <br />City Manager <br />San Marcos River Foundation <br />By: AMA-t— <br />VirginiatQondie, Exteutive Director <br />Date: is, <br />Date: <br />Scanned with CarnScanner <br />