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<br />ARTICLE IX <br />MISCELLANEOUS <br /> <br />Section 9.01. Entire Agreement. This Agreement, including the Recitals and the <br />Exhibits hereto, contains the entire agreement between the Parties with respect to the <br />transactions contemplated herein. <br />Section 9.02. Amendments. This Agreement may only be amended, altered, or <br />terminated by written instrument signed by all Parties. <br />Section 9.03. Assignment; Successors. Company may not assign any of its rights, <br />or delegate or subcontract any of its duties under this Agreement, in whole or in part, <br />without the prior written consent of the City. <br />Section 9.04. Waiver. No term or condition of this Agreement shall be deemed <br />to have been waived, nor shall there be any estoppel to enforce any provision of this <br />Agreement, except by written instrument of the party charged with such waiver or estoppel. <br />Section 9.05. Notices. Any notice, statement and/or communication required <br />and/or permitted to be delivered hereunder shall be in writing and shall be mailed by first- <br />class mail, postage prepaid, or delivered by hand, messenger, email, or reputable overnight <br />carrier, and shall be deemed delivered when received at the respective address of the <br />recipient Party set forth below, or at such other address furnished in writing to the other <br />Party hereto: <br />Company: Whisper Industrial 2019 QOZB, LLC <br /> 9811 South IH-35 <br /> Building 3, Suite 100 <br /> Austin, TX 78744 <br /> Attn: RW McDonald <br /> Telephone: <br /> Email: rw4@cgminterests.com <br /> <br />City: City of San Marcos <br /> <br /> <br />