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4. Miscellaneous: (a) This License and all of the provisions herein contained shall be binding upon the parties hereto, their heirs, executors, administrators, successors and assigns, and Licensee agrees to supply notice in writing to Licensor of any name changes. I.icensee agrees not to assign this l-icense or any interest therein, without the consent of licensor in writing, and any and every such attempted assignment without such prior written consent shall be void and of no effect. In the event of any dssJgnment, Licensee shall at all times remain fully responsible and liable for the payment of the rental, ifany, herein specified and I he compliance of all of its other obligations under the terms, provisions, and covenants of this License. (b) In the event rent is paid annually, Licensor expressly reserves the right to increase the above rental rate onany yearlv a nniversa ry date of t his license by givi ng Licensee thirty (30) days' written notice. Licensor may increase the rental by the percentage that the Consumer Price Index has increased, published by the Department of Labor, since the last renlal increase period, or the last anniversary date hereof. (c) The personal pronouns used herein as referring to Licensee shall be understood so to refer to Licensee whether Licensee be a natural person, a partnership, or a corporation, or any combination thereof. (d) Any noliCl: herein re4uired to be given by Licensor to Licensee shall be deemed properly given if served upon or delivered to Licensee or his authoril.ed agent, or if posted on or if mailed, postpaid, addressed to Licensee at his last known place of business. (e) No oral promises, oral agreements, or oral warranties shall be deemed a part of this license, nor shall any alteration. amendment, supplement, or waiver of any of the provisions of this license be binding upon either party hereto unless the same be supplemented, altered, changed, or amended by an instrument in writing, signed by Licensor and I.iu.:nsee. (f) This License does not become binding upon Licensor until executed by Licensor's vice-president. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and yearfirstabovewrittcn. MISSOURI-KANSAS-TEXAS RAILROAD COMPANY By CITY OF SAN MARCOS, TEXAS 5!? .~.~~ ~;,~ . BY/~ Title Mayor Address: 630 E. Hopkins San Marcos, Texas 78666 hlc: T-l8970 -3-