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<br />Section 22.02. The Licensee's insurance and indemnity obligations under this Agreement will <br />survive any termination of this Agreement until such time as the Licensee completes the removal of <br />the Licensee's Attachments from the City Facilities, or the City expressly assumes ownership of any <br />of the Licensee's Facilities that remain as Attachments to City Facilities. <br /> <br />ARTICLE 23. MISCELLANEOUS PROVISIONS <br /> <br />Section 23.01. Each party warrants that this Agreement has been executed by their respective <br />authorized representatives. <br /> <br />Section 23.02. Notices required by this Agreement will be provided by the parties to one another by <br />certified mail, return receipt requested, or by confirmed facsimile transmission, to the following <br />addresses: <br /> <br />To the City: <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, TX 78666 <br />Fax: 512/396-4656 <br /> <br />To Fiber America: <br />President <br />Fiber America No.1, L.P. <br />2019 Clovis Barker Drive, Suite B <br />San Marcos, TX 78666 <br />Fax: 512/754-9165 <br /> <br />If a party changes its address or facsimile number for notice purposes, it will provide written notice <br />of the new address to the other party within 10 days of the change. <br /> <br />Section 23.03. Any failure of City to enforce any of the terms or conditions of this Agreement on one <br />or more occasions will not constitute a waiver or relinquishment of the City's right to strictly enforce <br />all terms and condition of this Agreement. <br /> <br />Section 23.04. This Agreement is the entire agreement between the parties on the subjects covered <br />by it, and it supersedes all previous negotiations or agreements, whether written or oral, between the <br />City and the Licensee for placement and maintenance of the Licensee's Facilities on Poles. <br /> <br />Section 23.05. If any provision of this Agreement is held invalid by a court of competent <br />jurisdiction, and the invalidity does not materially alter the essence of the Agreement to either party, <br />this Agreement will continue in effect without the invalid provision. <br /> <br />Section 23.06. This Agreement will be governed by the laws of the State of Texas. Exclusive venue <br />for any legal action brought under this Agreement will be in Hays County, Texas. <br /> <br />20 <br /> <br />C:\TEMP\Fiber America pole att.doc <br />