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<br />Bk Vol F'9 <br />04035987 OPR 2598 174 <br /> <br />VOL. 4 0 5 PAGE 6 3 0 <br /> <br />I 5. No Third Partv Beneficiaries <br /> <br />5.01. This easement is solely for the benefit of the parties and their respective successors in <br />title and, except as expressly set forth in this easement, no third party may rely or be <br />entitled to the benefits in this easement. <br /> <br />6. Notices <br /> <br />6.01. All notices and other communications given pursuant to this easement shall be in writing <br />and shall be mailed by fIrst class, United States mail, postage prepaid, certified, with <br />return receipt requested, and addressed to the parties at the addresses listed below. Or, <br />these notices may be hand delivered to the intended addressee, sent by nationally <br />recognized overnight courier or sent by facsimile transmission during normal business <br />hours followed by a confirmatory letter. Notice sent by certified mail, postage prepaid, <br />shall be effective three business days after being deposited in the United States mail. All <br />other notices shall be effective upon delivery to the address of the addressee. The parties <br />may change their addresses by giving notice to the other party. For purposes of notice, <br />the addresses of the parties shall be as follows: <br /> <br />If to Grantor, to: <br /> <br />Vice President for Finance and Support Services <br />Texas State University-San Marcos <br />601 University Drive <br />San Marcos, Texas 78666 <br /> <br />I <br /> <br />If to Grantee, to: <br /> <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br /> <br />7. General Provisions <br /> <br />7.01. Governing Law. The laws of the State of Texas shall govern this easement. <br /> <br />7.02. Limitation on Liability. Neither Grantor nor Grantee will be liable to the other for any <br />consequential, special, incidental, exemplary, or punitive damages, including loss of use <br />or loss of profits, regardless of whether such damages are caused by breach of contract, <br />willful misconduct, negligent act or omission, or other wrongful act of either of them. <br /> <br />I <br /> <br />7.03. Amendments. The parties may amend this easement only if they do so in writing, signed <br />by representatives of the respective parties, dated after the date of this easement, and <br />recorded in the Official Public Records of Hays County, Texas. No consent to the <br />amendment, modification or termination of any provision of this easement shall ever be <br />required of any invitee, licensee or tenant of Grantee or Grantor or their respective <br />successors and assigns. <br /> <br />3 <br />