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and profitability—budget vs actual <br /> 3. Statement of financial position(balance sheet)—organization's assets, liabilities <br /> and equity. <br /> SECTION 16.NOTICES. <br /> Any notice, consent or approval to be given under this Agreement shall be in writing and <br /> personally served,sent: <br /> If to the City <br /> (1)by email to citymancrgerinfo(r�,sanmar•costx:jzov, <br /> with a copy to: legal@sanrrrar•coslx.gov; or <br /> (2) by reputable courier service, or by certified mail, postage prepaid, return receipt <br /> requested, to City at: City of San Marcos, Attn: City Manager, 630 East Hopkins Street, San <br /> Marcos,TX 78666;or <br /> If to the Nonprofit <br /> (1) by email to , info@calaboosemuseum.org <br /> With a copy to: iparsonsI I(@Iiberty.edu michele(ce�a`ajs.com ; or, <br /> (2) by reputable courier service, or by certified mail, postage prepaid, return receipt <br /> requested, to: PO Box 481, San Marcos,Texas 78666 <br /> or to such other address as a party may designate in notice given to the other party. <br /> Mailed notices shall be deemed served five(5) days after deposit in the U.S. Mail.Notices which <br /> are faxed, emailed, are personally served or sent by courier service shall be deemed served upon <br /> receipt. <br /> i <br /> SECTION 17. ASSIGNMENT/SUBLEASES. <br /> A. The Nonprofit shall not sublease the Premises, in whole or in part, or assign, <br /> encumber or transfer(by operation of law or otherwise)the rights under this Agreement, without <br /> the prior consent of the City, which consent may be denied at City's sole and absolute discretion. <br /> Any purported transfer or assignment without the City's consent shall be void and shall constitute <br /> a default of this Agreement by Nonprofit. <br /> B. Subject to the prohibition stated in paragraph A above, this Agreement shall be <br /> binding upon and inure to the benefit of the Parties hereto and their respective heirs, executors, <br /> administrators, successors and assigns. <br /> C. Upon written request and approval,the City may authorize the Nonprofit to allow <br /> members of the public to use the Premises for special classes or authorized activities that relate to <br /> the Public Purpose so long as the activity is covered by the Nonprofit's insurance and the Nonprofit <br /> agrees to indemnify the City for any damage resulting from the activity. The Nonprofit may charge <br /> a usage fee for the activity to be used to pay for Programs sponsored by the Nonprofit or other <br /> operating expenses. <br /> i <br />