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DocuSign Envelope ID:4AEDF5D1-9l C4-4E23-9BE2-CB4482E858A1 <br /> E2. Any limitation on liability of Landlord shall not extend to any liability, losses or <br /> damages caused in whole or in part by the negligent acts or omissions or willful misconduct of <br /> Landlord after applying comparative negligence or liability laws. <br /> E3. Notwithstanding anything to the contrary, Landlord shall not assert or enforce a <br /> lien or security interest against any property of Tenant that is not permitted by applicable law to <br /> be asserted or enforced against a Texas municipality. Moreover any lawful lien or security interest <br /> shall be subordinate to any interest in property of the State of Texas or the United States of America <br /> arising by virtue of any funding agreements such entities may have with the Tenant. <br /> E4 The obligations under this Lease are contingent upon the annual appropriation of <br /> funds by the San Marcos City Council based on funding from the Texas Health and Human <br /> Services Commission for the purposes of this lease. If such funding is not received and <br /> appropriated by the City Council in any fiscal year during the term of this lease, the Lease term <br /> will be adjusted to terminate concurrently with the end of the period for which funding has been <br /> appropriated. Alternatively, if such funding is awarded to Tenant for a specific fiscal year, but the <br /> actual Rent due for that fiscal year exceeds the amount of funding, Landlord agrees that Tenant <br /> shall be liable only for payment of the lesser amount of the fiscal year funds awarded to Tenant <br /> and appropriated by the City Council,provided however in no event will the Rent be less than 15% <br /> of the prior year. Tenant will have one year to make the rent back up; if Tenant does not pay full <br /> rent within one year of lack of funding, Landlord may terminate this lease. <br /> LANDLORD <br /> JLFH INVESTMENTS, LLC <br /> By: r�ocuSigned by: <br /> .aan (+.Ft t <br /> Frank C. Hampel, Jr., MD <br /> CITY OF SAN MARCOS (WIC Program) <br /> By:� F. <br /> Steph�nie Reyes, City Manager <br /> -10- <br />