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<br />determined for each year of the Abatement Period. <br /> <br />PART 9. INDEPENDENT CONTRACTOR/INDEMNITY <br /> <br />Section 9.01. It is understood and agreed between the parties that the City and the <br />Developer, in executing this Agreement, and in performing their respective obligations, are acting <br />independently, and not in any form of partnership or joint venture. The City assumes no <br />responsibilities or liabilities to any third parties in connection with this Agreement, and the <br />Developer agrees to indemnifY, defend and hold the City harmless from any such liabilities. <br />PART 10. NOTICE <br /> <br />Section 10.01. All notices called for or required by this Agreement will be delivered to the <br /> <br />following by certified mail, postage pre-paid, effective five days after mailing, or by hand delivery or <br /> <br />overnight delivery, effective upon delivery: <br /> <br />To the Developer: <br />Matt Turner <br />LincolnlMFIL Red Oak, Ltd. <br />C/O LPC <br />500 North Akard, Suite 3300 <br />Dallas, Texas 75201 <br /> <br />With a courtesy copy to: <br />Robert W. McDonald, III <br />2110 A Boca Raton Drive, Suite 206 <br />Austin, Texas 78747 <br /> <br />To the City: <br />City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br /> <br />Each party will notifY the other party in writing of any change in its address. <br />PART 11. MISCELLANEOUS <br /> <br />Section 11.01. This Agreement was approved by the City Council at its meeting on <br />,2005. <br /> <br />Section 11.02. The Developer agrees to include provisions in its leases for the Facilities <br />prohibiting discrimination by tenants in the provision of services or in employment practices at the <br />Facilities on the basis of race, creed, color, national origin, sex or disability. <br /> <br />5 <br />