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PART 5. MISCELLANEOUS <br />Section 5.01. No Joint Venture. It is understood and agreed between the parties that <br />the City and CTMC, in executing this Agreement, and in performing their respective obligations, <br />are acting independently, and not in any form of partnership or joint venture. THE CITY <br />ASSUMES NO RESPONSIBILITIES OR LIABILITIES TO ANY THIRD PARTIES IN <br />CONNECTION WITH THIS AGREEMENT, AND CTMC AGREES TO INDEMNIFY, <br />DEFEND AND HOLD THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, <br />HARMLESS FROM ANY SUCH LIABILITIES. <br />Section 5.02. Notices. All notices required by this Agreement will be delivered to the <br />following by certified mail or confirmed facsimile transmission: <br />Gary L. Jepson, President and CEO <br />City Manager <br />Central Texas Medical Center <br />City of San Marcos <br />1301 Wonder World Drive <br />630 East Hopkins <br />San Marcos, TX 78666 <br />San Marcos, Texas 78666 <br />Facsimile: (512) 753 -3598 <br />Fax: (512) 396 -4656 <br />Each party will notify the other party in writing of any change in information required for notice <br />under this paragraph. <br />Section 5.03. Nondiscrimination. CTMC agrees to ensure that no discrimination will <br />occur in the provision of services or in employment practices at the Hospital on the basis of race, <br />creed, color, national origin, sex or disability. <br />Section 5.04. Applicable Law and Venue. This Agreement will be construed under the <br />laws of the State of Texas. The term "will" is mandatory in this Agreement. This Agreement is <br />performable in Hays County, Texas. Mandatory venue for any action under this Agreement will <br />be in the state court of appropriate jurisdiction for the action in Hays County, Texas. Mandatory <br />venue for any matters in federal court will be in the United States District Court for the Western <br />Page 7 of 12 <br />