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Doc Bk Vol 00019273 OPR 1705 ~SqS o Page 6 and not in any form of partnership or joint venture. The City assumes no responsibilities or liabilities to any third parties in connection with this Agreement, and Thermon agrees to indemnify, defend and hold the City harmless from any such liabilities. PART 10. NOTICE Section 10.01. All notices called for or required by this Agreement will be delivered to the following by certified mail, postage pre-paid, effective five days after mailing, or by hand delivery or overnight delivery, effective upon delivery: Richard L. Burdick Thermon Manufacturing Company P.O. Box 609 San Marcos, Texas 78667 City Manager City of San Marcos 630 East Hopkins San Marcos, Texas 78 666 Each party will notify the other party in v,Titing of any change in its address. PART 11. MISCELLANEOUS Section 11.01. This Agreement was approved by the City Council at its meeting on July 10, 2000. Section 11.02. Thermon agrees to ensure that no discrimination will occur in the provision of services or in employment practices at the Facility on the basis of race, creed, color, national origin, sex or disability. Section 11.03. In the event any section, subsection, paragraph, sentence, phrase or word is held invalid for any reason, the balance of this Agreement will remain in effect and will be read as if the parties intended at all times not to include the invalid section, subsection, paragraph, sentence, phrase or word. This Agreement may be amended only by a written instmment executed by both parties. Section 11.04. This Agreement will be construed under the laws of the State of Texas. The term "will" is mandatory in this Agreement. Mandatory venue for any action under this Agreement will be in the state court of appropriate jurisdiction for the action in Hays County, Texas. This Agreement is performable in Hays County, Texas.