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Section 4.03. The City may exercise its remedies for default in conjunction with one another <br />or separately, and together with any other statutory or common law remedies available to the City. <br />Any failure by the City to enforce this Agreement with respect to one or more defaults by K-W will <br />not waive the City's ability to enforce the Agreement after that time. <br /> <br /> PART 5. INDEPENDENT CONTRACTOR/INDEMNITY <br /> <br /> Section 5.01. It is understood and agreed between the parties that the City and K-W, in <br />executing this Agreement, and in performing their respective obligations, are acting independently, <br />and not in any form ofparmership or joint venture. The City assumes no responsibilities or liabilities <br />to any third parties in connection with this Agreement, and K-W agrees to indemnify, defend and <br />hold the City harmless from any such liabilities. <br /> <br /> PART 6. MISCELLANEOUS <br /> <br /> Section 6.01. All notices called for or required by this Agreement will be delivered to the <br />following by certified mail, postage pre-paid, effective five days after mailing, or by hand delivery or <br />overnight delivery, effective upon delivery: <br /> <br /> James H. Kelley <br /> K-W Construction, Inc. <br /> P.O. Box 1784 <br /> San Marcos, Texas 78667 <br /> <br /> City Manager <br /> City of San Marcos <br /> 630 East Hopkins <br /> San Marcos, Texas 78666 <br /> <br />Each parw will notify the other par~ in writing of any change in its address. <br /> <br /> Section 6.02. K-W agrees to ensure that no discrimination will occur in the provision of <br />services or in employment practices at the Building on the basis of race, creed, color, national origin, <br />sex or disability. <br /> <br /> Section 6.03. In the event any section, subsection, paragraph, sentence, phrase or word is <br />held invalid for any reason, the balance of this Agreement will remain in effect and will be read as if <br />the parties intended at all times not to include the invalid section, subsection, paragraph, sentence, <br />phrase or word. This Agreement may be amended only by a written instrument executed by both <br />parties. <br /> <br /> Section 6.04. This Agreement will be construed under the laws of the State of Texas. The <br /> <br /> <br />