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<br />I <br /> <br />I <br /> <br />I <br /> <br />PART 9 INDEPENDENT CONTRACTOR/INDEMNITY <br /> <br />Section 9 01 It IS understood and agreed between the partIes that the CIty and CFAN, m <br />executmg thIS Agreement, and In performmg theu respectIve obhgatIOns, are actmg mdependently, <br />and not In any form of partnershIp or Jomt venture. The CIty assumes no responsibihtles or habIhtles <br />to any thud partIes m connectIOn WIth thIS Agreement, and CF AN agrees to mdemmfy, defend and <br />hold the CIty harmless from any such habIhtles. <br />PART 10 NOTICE <br /> <br />Section 10.01 All notlces called for or reqUIred by thIS Agreement WIll be delIvered to the <br /> <br />followmg by certIfied mall, postage pre-paid, effectlve five days after maIlmg, or by hand delIvery or <br /> <br />overnIght dehvery, effectlve upon dehvery' <br /> <br />PreSIdent <br />CF AN Company <br />1000 Technology Way <br />San Marcos, TX 78666 <br />Fax. 512-353-2838 <br /> <br />CIty Manager <br />CIty of San Marcos <br />630 East Hopkms <br />San Marcos, Texas 78666 <br />Fax 512-396-4656 <br /> <br />Each party wIll notIfy the other party m wntmg of any change m ItS address. <br />PART 11. MISCELLANEOUS <br /> <br />Section 11.01. CF AN agrees to ensure that no dIscnmmatIOn will occur m the provlSlon of <br /> <br />servIces or In employment practIces at the FacIlIty on the baSIS of race, creed, color, natIOnal on gIn, <br /> <br />sex or dIsabIhty <br />Section 11.03. In the event any sectIOn, subsectIOn, paragraph, sentence, phrase or word IS <br />held mvahd for any reason, the balance of thIS Agreement wIll remam m effect and wIll be read as If <br />the partIes mtended at all tlmes not to mclude the mvahd sectIOn, subsectIOn, paragraph, sentence, <br />phrase or word. ThIS Agreement may be amended only by a wntten Instrument executed by both <br />partIes. <br /> <br />Section 11.03. ThIS Agreement wIll be construed under the laws of the State of Texas. The <br />term "WIll" IS mandatory In thIS Agreement. Mandatory venue for any actIOn under thIS Agreement <br /> <br />6 <br />