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PARTIES IN CONNECTION WITH THIS AGREEMENT, AND DEVELOPER AGREES <br />TO INDEMNIFY, DEFEND AND HOLD THE CITY, ITS OFFICERS, AGENTS AND <br />EMPLOYEES, HARMLESS FROM ANY SUCH LIABILITIES. <br />Section 6.02. Notices. All notices required by this Agreement will be delivered to the <br />following by certified mail or confirmed facsimile transmission: <br />To City: <br />City of San Marcos <br />Attn: City Manager <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />Fax: (512) 396 -4656 <br />To Developer: <br />401 North Fredericksburg Acquisition, LLC <br />Attn: Manager <br />4801 Spicewood Springs Road, Suite 100 <br />Austin, Texas 78759 <br />Fax: (512) 338 -1384 <br />Each party will notify the other party in writing of any change in information required for notice <br />under this paragraph. <br />Section 6.03. Nondiscrimination. Developer agrees to ensure that no discrimination <br />will occur in the provision of housing on the Land on the basis of race, creed, color, national <br />origin, sex or disability and to otherwise comply with all applicable state and federal fair housing <br />laws. <br />Section 6.04. 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 />District of Texas. <br />Section 6.05. Assignment. Developer may not assign any of its rights, or delegate or <br />subcontract any of its duties under this Agreement, in whole or in part, without prior written <br />Page 12 of 15 <br />F&I,411 <br />