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<br />VOL. 4 4 1 PAGE 7 8 <br /> <br />this Lease. Any delay or lack of progress in the construction will constitute a default by the <br />Lessee, and will authorize the City to pursue all remedies available to it as described in <br />Article 11 of this Lease. <br /> <br />4. In all other respects, except as modified in this amendment, all of the terms and <br />provisions of the Lease, including those related to maintenance responsibilities, insurance <br />and indemnification, default and termination, shall remain in full force and effect as to all of <br />the Leased Premises, including Tract 4. This amendment does not amend the term of the <br />Lease. <br /> <br />EXECUTED on September 21 <br /> <br />,2005. <br /> <br />LESSOR: <br />City Of San Marcos <br /> <br />BY: J .~~ <br /> <br />Dan O'Leary, City nager <br /> <br /> <br />THE STATE OF TEXAS 9 <br />9 <br />COUNTY OF HAYS 9 <br /> <br /> <br />".- <br />This instrument was acknowledged before me on 2/ 7a{j by Dan <br />O'Leary, known personally to me to be the City Manager: of the City of an Marcos, on <br />behalf of the City of San Marcos. <br /> <br />l~)!!!;;.... JANIS K. WOMACK <br />Not ~~ MY COMMISSION EXPIRES <br />\~.........~~.. August 13, 2009 <br />"'#tllf.,"'~ <br /> <br /> <br />STATE OF TEXAS 9 <br />9 <br />COUNTY OF HAYS 9 <br /> <br />This instrument was acknowledged before me on n QU01~ t~\ (~L1J S- by Jerry <br /> <br />2 <br />