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0 <br />MATTER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SAN <br />MARCOS ASSUMES ALL RISKS WITH RESPECT TO THE USE OF THE FIRE <br />TRUCK AFTER THE DATE OF DELIVERY. <br />Miscellaneous. <br />6.1 Relationship of Parties. This Agreement is not intended to create, nor should it be <br />construed as creating, a partnership, association, joint venture or trust. <br />6.2 Notice. Any notice required or permitted to be delivered hereunder shall be deemed <br />received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return <br />Receipt Requested, by hand -delivery, or by facsimile or electronic transmission addressed <br />to the respective party at the following address: <br />City of Friendswood City of San Marcos <br />Attn: Director of Emergency Services Attn: Fire Chief <br />1600 Whitaker Dr. 100 Carlson Circle <br />Friendswood, TX 77546 San Marcos, TX 78666 <br />6.3 Amendment. This Agreement may be amended by the mutual written agreement of both <br />parties hereto. <br />6.4 Survival. All terms of the Agreement that by their nature and for any reason are intended <br />to survive and extend beyond the termination, cancellation or expiration of the Agreement, <br />shall remain in effect and be binding upon San Marcos and Friendswood indefinitely. <br />6.5 Headings. Any heading labels of any of the sections of this Agreement are inserted solely <br />for convenience of reference, shall not constitute a part of the Agreement and shall not <br />otherwise affect the meanings, content, effect or construction of this Agreement. <br />6.6 Severability. In the event any one or more of the provisions contained in this Agreement <br />shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such <br />invalidity, illegality, or unenforceability shall not affect the other provisions, and the <br />Agreement shall be construed as if such invalid, illegal, or unenforceable provision had <br />never been contained in this Agreement. <br />6.7 Governing Law. The validity of this Agreement and any of its terms and provisions, as <br />well as the rights and duties of the parties, shall be governed by the laws of the State of <br />Texas; and venue for any action concerning this Agreement shall be in the State District <br />Court of Galveston County, Texas. <br />6.8 Entire Agreement. This Agreement represents the entire agreement among the parties with <br />respect to the subject matter covered by this Agreement. There is no other collateral, oral <br />or written agreement between the parties that in any manner relates to the subject matter of <br />this Agreement. <br />6.9 Recitals. The recitals to this Agreement are incorporated herein. <br />6.10 Counterparts. This Agreement may be executed in any number of counterparts, each of <br />which shall be deemed an original and constitute one and the same instrument. <br />Interlocal Agreement for the Transfer of a Fire Truck, Page 3 <br />