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9k th)I P <br />10018815 OPR 3922 664 <br />6, Notice All notices, requests or other communications required or permitted by <br />• this Agreement shall be in writing and shall be sent by (i) telecopy, with the <br />original delivered by hand or overnight carrier, (ii) by overnight courier or hand <br />delivery, or (iii) certified mail, postage prepaid, return receipt requested, and <br />addressed to the parties at the following addresses: <br />7. Force Majeure Owner and the City agree that the obligations of each party shall <br />be subject to force majeure events such as natural calamity, fire or strike. <br />8. Assignment This Agreement may be assigned by the Owner only with the prior <br />written approval of the City. <br />9. Signature Warranty Clause The signatories to this Agreement represent and <br />warrant that they have the authority to execute this Agreement on behalf of the <br />City and Owner, respectively. <br />10. Liability. Owner agrees to hold the City harmless from any failure on behalf of the <br />i s City if, for any reason, the City fails to or is unable to honor all of the provisions of <br />the Agreement. <br />SIGNED as of this " day of 1 2009. <br />CITY OF AN MARCOS, TEXAS <br />B y : <br />City Manager <br />OWNER:CRADDOCK AVENUE PARTNERS, LLC. <br />• — Z"o <br />Edward R. Coleman, Member / Managing Member <br />Craddock Avenue Partners, LLC <br />5. <br />