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<br />certificate shall also contain an agreement by Tenant with such holder that from and after the date of <br />such certificate, Tenant will not pay any rent under this Lease more than 30 days in advance of its due <br />date, will not surrender or consent to the modification of any of the terms of this Lease nor to the <br />termination of this Lease by Landlord, and will not seek to terminate this Lease by reason of any act or <br />omission of Landlord until Tenant shall have given written notice of such act or omission; provided <br />however, that (i) the agreement of Tenant described in this sentence will be of no effect under such <br />certificate unless Tenant is furnished by such holder with a copy of any assignment to such holder of <br />Landlord's interest in this lease within 120 days after the date of such certificate, and (ii) the <br />agreement of Tenant with such holder that is embodied in such certificate shall terminate upon the <br />subsequent of any such assignment. <br /> <br />33. DELETED <br /> <br />34. ATTORNEY'S FEES <br /> <br />If either party brings any action under this Lease or consults or places this Lease or any amount <br />payable under it with an attorney for the enforcement of any of the party's rights under this Lease, the <br />other party agrees in each case to pay the party bringing the action reasonable attorney's fees and other <br />costs and expenses incurred by the party in connection therewith. <br /> <br />35. QUIET POSSESSION <br /> <br />Landlord hereby covenants that Tenant, upon payment of rent as provided under this Lease and <br />performing all other agreements contained in this Lease, shall and may peacefully have, hold and enjoy <br />the Leased Premises. <br /> <br />36. DELETED <br /> <br />37. DELETED <br /> <br />38. NOTICES <br /> <br />Any notice required or permitted to be given by one party to the other under this Lease, shall be in <br />writing and shall be effective when deposited pursuant hereto with the United States Mail, Certified or <br />Registered Mail, Return Receipt Requested, postage prepaid, to the following address. Either party may <br />change its address as designated above by written notice to the other party. <br /> <br />LANDLORD: <br />David Buie <br />c/o Asset Management Specialist, Inc. <br />100 N. Edward Gary, Suite A <br />San Marcos, TX 78666 <br /> <br />TENANT: <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, TX 78666 <br /> <br />Page 10 <br />