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Bk Uvl Fe <br />such other address furnished in writing to the other party hereto, and shall be deemed received <br />upon the earlier of (i) actual receipt and (ii) (whether or not actually received) four (4) days after <br />such mailing or upon receipt of confirmation of successful transmission of facsimile by the <br />transmitting facsimile,. <br />If to Lessee: JQH -San Marcos Development, LLC <br />a Missouri limited liability company <br />300 John Q. Hammons Pazkway, Suite 900 <br />Springfield, Missouri 65806 <br />Fax (417) 873-3540 <br />With copies to: Debra Mallonee Shantz, General Counsel <br />John Q. Hammons Hotels & Resorts <br />300 John Q. Hammons Pazkway, Suite 900 <br />Springfield, Missouri 65806 <br />Fax (417) 864-4300 <br />If to Lessor: Attn: City Manager <br />City of San Mazcos <br />630 East Hopkins <br />San Mazcos, Texas 78666 <br />Fax: (512) 396-4656 <br />With a copy to: Attn: City Attorney <br />City of San Marcos <br />630 East Hopkins <br />San Mazcos, Texas 78666 <br />Telephone: (512) 393-8000 <br />Facsimile: (512) 396-4656 <br />12.6 Successors and Assiens. Except as expressly provided in Article 7, this Lease may <br />not be assigned without the prior written consent of the other Party hereto. Subject to the <br />foregoing, this Lease shall be binding upon and shall inure to the benefit of the Parties and their <br />permitted successors and assigns. <br />12.7 Amendment. Except as expressly provided herein, neither this Lease nor any term <br />hereof may be amended, waived, dischazged or terminated, except by a written instrument signed <br />by the Parties hereto. <br />12.8 Headings and Subheadings. The headings of the articles, sections, pazagraphs and <br />subpazagraphs of this Lease are for convenience or reference only and in no way define, limit, <br />extend or describe the scope of this Lease or the intent of any provisions hereof. <br />12,9 Unavoidable Default and Delays. After the Commencement Date, the time within <br />which any Party to this Lease shall be required to perform any act under this Lease, other than <br />the payment, when due, of Base Rent or any other payment by Lessee, shall be extended by a <br />period of time equal to the number of days during which performance of such act is delayed by <br />C-23 <br />803273,4 <br />