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City shall not be required to spend any money or have further obligations other than to reimburse <br />the Developer pursuant to the terms of this Agreement. <br />Section 9.03. Amendments. This Agreement may only be amended, altered, or <br />terminated by written instrument signed by all parties. <br />Section 9.04. Assignment. Developer may not assign any of its rights, or delegate or <br />subcontract any of its duties under this Agreement, in whole or in part, without the prior written <br />consent of the City. <br />Section 9.05. Waiver. No term or condition of this Agreement shall be deemed to have <br />been waived, nor shall there be any estoppel to enforce any provision of this Agreement, except <br />by written instrument of the party charged with such waiver or estoppel. <br />Section 9.06. Notices. Any notice, statement and/or communication required and/or <br />permitted to be delivered hereunder shall be in writing and shall be mailed by first-class mail, <br />postage prepaid, or delivered by hand, messenger, reputable overnight carrier, or email, and shall <br />be deemed delivered when received at the addresses of the parties set forth below, or at such other <br />address furnished in writing to the other Party: <br />Developer: Bearden Management/Bearden Investments <br />223 Hull Lane <br />Sugarland, TX 77498 <br />Attn: Bill Hall <br />Telephone: 281.5 68.4185 <br />E-mail: billh@beordeninvestments.com <br />City: City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Attn: City Manager <br />Telephone: 512.3 93.8101 <br />E-mail: citynianager•info@sannaarcostx.gov <br />Section 9.07. Applicable Law; Venue for Disputes; Attorney Fees. This Agreement is <br />