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SECTION 18. CONDEMNATION. <br /> If any portion of the Premises is taken for any public or quasi-public use under any <br /> governmental law, ordinance or regulation or by right of eminent domain or should the Premises <br /> be sold to a condemning authority under threat of condemnation, this Agreement shall terminate. <br /> SECTION 19. DISPUTES; ATTORNEY'S FEES; VENUE. <br /> If either party retains an attorney to enforce this Agreement(including,without limitation, <br /> the indemnity provisions of this Agreement), the prevailing party is entitled to recover reasonable <br /> attorney's fees. Venue for any dispute arising under this Agreement shall be in the state courts <br /> having appropriate jurisdiction in Hays County, Texas, or, if in federal court, the United States <br /> District Court for the Western District of Texas, Austin Division. <br /> SECTION 20. NON-DISCRIMINATION. <br /> Nonprofit shall comply with Title VI and Title VII Civil Rights Act of 1964,the Americans <br /> with Disabilities Act of 1990, and all other State and Federal laws prohibiting discrimination and <br /> shall not discriminate on the basis of race, creed, color, religion, age, sex, national origin, <br /> physical disability, or other protected class in its use of the Premises. <br /> SECTION 21. ENTIRE AGREEMENT; AMENDMENT. <br /> This Agreement is the entire agreement between the Parties. This Agreement supersedes <br /> all other oral or written agreements between the Parties pertaining to this transaction, including <br /> any other agreement under which all or any portion of the Premises was leased to Nonprofit. This <br /> Agreement may be amended only by a written instrument signed by the City and the Nonprofit <br /> following approval by the City Council of the City of San Marcos. <br /> SECTION 22. REQUIREMENT OF PAYMENT AND PERFORMANCE BONDS FOR <br /> CONSTRUCTION. <br /> Nonprofit must include in each contract for the construction, alteration, or repair of an <br /> improvement to the leased property a condition that the contractor execute a payment bond and <br /> execute a performance bond in an amount equal to the amount of the contract for the protection of <br /> the governmental entity and conditioned on the faithful performance of the contractor's work in <br /> accordance with the plans,specifications,and contract documents;and provide to the City a notice <br /> of commencement at least ninety (90) days before the construction, alteration, or repair of any <br /> improvement to the leased property begins. The notice of commencement must identify the public <br /> property where the work will be performed,describe the work to be performed, state the total cost <br /> of the work to be performed, include copies of the performance and payment bonds, and include a <br /> written acknowledgment signed by the contractor stating that copies of the required performance <br /> and payment bonds will be provided to all subcontractors not later than the fifth day after the date <br /> a subcontract is executed. <br /> i <br /> i <br /> 1 <br />