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IV. INDEMNIFICATION <br />FRIENDS SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THE CITY OF <br />SAN MARCOS, ITS RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, <br />REPRESENTATIVES, AND AGENTS, FROM AND AGAINST ANY AND ALL <br />LIABILITY, LOSSES, CLAIMS SOUNDING IN LAW OR IN EQUITY, AND ANY <br />DEMANDS, AWARDS OF MONEY DAMAGES, ATTORNEYS FEES, COSTS, <br />JUDGEMENTS, LICENSE FEES, EXCISES, FINES, AND PENALTIES; AND FOR <br />INJURY OR DEATH OF ANY PERSON OR DAMAGE TO ANY PROPERTY ARISING <br />DIRECTLY OR INDIRECTLY FROM THE ACTS OR OMISSIONS OF FRIENDS OR <br />ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS IN THE <br />PERFORMANCE OF THIS AGREEMENT WHETHER BROUGHT IN A COURT OF <br />LAW OR EQUITY OR ADMINISTRATIVE PROCEEDING. THIS OBLIGATION <br />SHALL SURVIVE TERNIINATION OF THIS AGREEMENT. <br />V. Governing Law <br />The Agreement and all of the rights and obligations of the Parties hereto and all of the terms and <br />conditions hereof will be construed, interpreted, and applied in accordance with and governed by <br />and enforced under the laws of the State of Texas, without giving effect to its conflict of laws <br />provision. Any action brought to enforce any provision of this Agreement shall be brought in a <br />court of competent jurisdiction in Travis County, Texas. <br />VI. Notice <br />1. Any and all notices, demands, or other communications required or desired to be given <br />hereunder by any Party shall be in writing and shall be validly given or made to another <br />Party if personally served, or if deposited in the United States mail, certified or <br />registered, postage prepaid, return receipt requested. <br />2. If such notice or demand is served personally, notice shall be deemed made at the time of <br />such personal service. <br />3. If such notice, demand, or other communication is given by mail, such notice shall be <br />conclusively deemed given five days after deposit thereof in the United States mail <br />addressed to the Party to whom such notice, demand, or other communication is to be <br />given at the addresses listed in Exhibit A. <br />4. Any Party hereto may change its address for the purposes of this paragraph by written <br />notice given in the manner provided above. <br />Page 3 of 4 <br />