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<br />party shall not be deemed as a waiver by that party as to any subsequent similar act or <br />omISSIOn. <br /> <br />g. <br /> <br />This Agreement shall not be construed as creating the relationship of principal and agent <br />or of partnership or of joint venture between the parties. The only relationship between <br />the parties is only that of Lessor and Lessee. <br /> <br />This agreement is executed in duplicate originals on <br /> <br />September 9 <br /> <br />,2003. <br /> <br />LESSOR: <br />City of San Marcos, Texas <br /> <br />By: <br /> <br />Ð.~ <br /> <br />Dan O'Leary, C Manager <br /> <br />LESSEE: <br />VoiceStream PCS II,.;,?'~. <br /> <br />//." t A' <br />1'/ t A <br />By: t// / I /í' <br />Cody Sanfor ( <br />Director of OperationslEngineering <br /> <br /> <br />AU-1463J <br />Ground Lease <br /> <br />6 <br />