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<br />Doc Bk Vol Pg <br />00013211 OPR 1679 251 <br /> <br />Page 6 <br /> <br />determined for each year of the Abatement Period. <br /> <br />PART 9. INDEPENDENT CONTRACTOR/INDEMNITY <br /> <br />Section 9.01. It is understood and agreed between the parties that the City and the <br />Developer, in executing this Agreement, and in performing their respective obligations, are acting <br />independently, and not in any form of partnership or joint venture. The City assumes no <br />responsibilities or liabilities to any third parties in connection with this Agreement, and the <br />Developer agrees to indemnify, defend and hold the City harmless from any such liabilities. <br /> <br />PART 10. NOTICE <br /> <br />Section 10.01. All notices called for or required by this Agreement will be delivered to the <br /> <br />following by certified mail, postage pre-paid, effective five days after mailing, or by hand delivery <br /> <br />or overnight delivery, effective upon delivery: <br /> <br />Bob Putt <br />Apache Trails, L.L.c. <br />16435 Hornet Drive <br />San Antonio, TX 78247 <br /> <br />City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, TX 78666 <br /> <br />Each party will notify the other party in writing of any change in its address. <br /> <br />PART 11. MISCELLANEOUS <br /> <br />Section 11.01. This Agreement was approved by the City Council at its meeting on <br /> <br />April 10 <br /> <br />,2000. <br /> <br />Section 11.02. The Developer agrees to ensure that no discrimination will occur in the <br />provision of services or in employment practices at the Facilities on the basis of race, creed, color, <br />national origin, sex or disability. <br />Section 11.02. In the event any section, subsection, paragraph, sentence, phrase or word is <br />held invalid for any reason, the balance of this Agreement will remain in effect and will be read as <br />