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<br />shelters, and restore the area previously occupied by the benches and shelters to a level, neat, sightly <br />condition. If any bench or shelter remains after this 90 day period, the City may deem the bench or <br />shelter to be abandoned, and the City, at its option, may arrange for the removal and disposal of the <br />bench or shelter at Burkett's sole cost and expense. <br /> <br />Section 12. Miscellaneous. <br /> <br />a) This agreement, including any attachments, constitutes the entire agreement between the City <br />and Burkett on this subject and supersedes all other proposals, presentations, representations, <br />and communications, whether oral or written, between the parties. <br /> <br />b) Burkett may not assign any of its rights, or delegate or subcontract any of its duties under this <br />agreement, in whole or in part, without the prior written consent of the City. <br /> <br />c) Burkett agrees not to engage in employment practices or advertising placement practices that <br />have the purpose or effect of discriminating against persons because of race, color, sex, <br />religion, age, disability, or national origin. <br /> <br />d) Notices will be delivered to the parties at the following respective addresses: <br /> <br />City of San Marcos <br />Attn.: City Manager <br />630 E. Hopkins Street <br />San Marcos, TX 78666 <br /> <br />Burkett Transit Advertising, Inc. <br />Attn.: Randy Burkett <br />P.O. Box 50372 <br />Amarillo, TX 79159 <br /> <br />If a party changes its address for notice purposes, it will give written notice to the other <br />party no later than 10 days after the change. <br /> <br />e) This agreement is governed by the laws of the State of Texas. Exclusive venue for legal <br />disputes under this agreement is in the state court of Hays County, Texas having jurisdiction <br />over the matter. <br /> <br />Executed in duplicate originals on <br /> <br />NOVEMBER 27 <br /> <br />,2001. <br /> <br /> <br />City of San Marcos <br /> <br />La <br /> <br /> <br />By: <br /> <br />C:\TEMPIBurkett bench. shelter agreement.doc <br /> <br />4 <br />