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Res 2023-021R Approving a first amendment and reinstated agreement with Franklin Mountain San Marcos
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Res 2023-021R Approving a first amendment and reinstated agreement with Franklin Mountain San Marcos
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8/14/2023 10:34:34 AM
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5/4/2023 2:52:45 PM
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except as set forth or identified herein. This Agreement can be amended only by written agreement signed by the <br />Parties as provided for in this Agreement. This Agreement and the agreements between the Parties referenced in <br />this Agreement, supersede all prior agreements between the Parties concerning the subject matter of this <br />Agreement. <br />Section 18.05 Notice. It is contemplated that the Parties will frequently engage in informal communications with <br />respect to the subject matter of this Agreement. However, any formal notices or other communications ("Notice") <br />required to be given by one Party to another by this Agreement shall be given in writing addressed to the party to <br />be notified at the address set forth below for such Party, (i) by delivering same in person, (ii) by depositing the <br />same in the United States Mail, certified or registered, return receipt requested, postage prepaid, addressed to the <br />party to be notified, or (iii) by depositing the same with Federal Express or another nationally recognized courier <br />service guaranteeing "next day delivery", addressed to the party to be notified, or (iv) by sending same by email <br />with confirming copy sent by one of the other methods described herein. Notice deposited in the United States <br />mail in the manner described above shall be deemed effective from and after the earlier of the date of actual <br />receipt or three (3) days after the date of such deposit. Notice given in any other manner shall be effective on the <br />date delivered, if sent by confirmed email or personal delivery, or the day after deposit with a "next day delivery" <br />service. For the purposes of notice, the addresses of the Parties shall, until changed as provided below, be as <br />follows: <br />Primary Owner: Walton Texas, LP <br />c/o Walton Development & Management TX, LLC <br />9811 South IH 35 Suite 4-200 <br />Austin, Texas 78744 <br />Attention: David Peter <br />T: (813) 596-3485 <br />E: dpeter@walton.com <br />With a copy to: Steven C. Metcalfe <br />Metcalfe Wolff Stuart & Williams, LLP <br />221 West 6t' Street, Suite 1300 <br />Austin, Texas 78701 <br />T: (512) 404-2200 <br />E: smetcalfe@mwswtexas.com <br />With a copy to: Global Holdings, Ltd. <br />1650 Tysons Blvd., Suite 1500 <br />Tysons, Virginia 22101 <br />Attn: Wayne Souza, General Counsel <br />T: ( 703) 639-6914 <br />E: wsouza@walton.com <br />With a copy to: San Marcos City Manager <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />T: (512) 393-8000 <br />E: citymanagersoffice@sanmarcostx.gov <br />The Parties shall have the right at any time and from time to time to change their respective addresses, and each <br />shall have the right to specify as its address any other address within the United States of America by at least five <br />
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