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22015340 Page 12 of 49 <br />GOVERNMENTAL FUNCTION; IMMUNITY <br />The City's execution of and performance under this Agreement will not act <br />as a waiver of any Immunity of the City to suit or liability under applicable <br />law. The parties acknowledge that the City, in executing and performing this <br />Agreement, Is a governmental entity acting in a governmental capacity. <br />EXECUTED to be effective as of the Effective Date first stated above. <br />CITY OF SAN MARCOS, TEXAS <br />By: BeA 6umbFeFes, <br />STATE OF TEXAS § jr,-tam a s S f . n'47 IA` 4_ pt. <br />COUNTY OF HAYS § <br />^� a,od2, <br />This instrument was acknowledged before me on the da_ of /Y taf� 292T, <br />by-BeAkembreras, City Manager of the City of San Marcos, in such capacity, on behalf <br />of said entity. 1-awrrC Molec, `1M <br />KAREN SMITH <br />*= *' My Notary ID # 765050 <br />Expires April 28, 2022 <br />Notary Public, State of Texas <br />[Signature Page Follows] <br />Page 12 of 48 <br />