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<br />the gain. Such pro rata share to be based on a comparison of the Lender's <br />investment in the Project Site to the City's investment. <br /> <br />Notices and Addresses. All notices required hereunder must be given by certified mail <br />or registered mail, postage paid, addressed to the proper party, at the following <br />addresses: <br /> <br />To City <br /> <br />City of San Marcos <br />Attn: City Manager <br />630 E. Hopkins <br />San Marcos TX 78666 <br /> <br />To Company <br /> <br />Cal Tex Partners L TO <br />%The Fountain People, Inc. <br />Attn: Mr. James M. Sablic, Controller <br />P. O. Box 807 <br />San Marcos TX 78667 <br /> <br />To Lender <br /> <br />Bank of the West <br />Attn: <br />10181 Truckee Airport Rd. <br />Truckee, CA 96161 <br /> <br />Any party may change the address to which notices are to be sent it by giving the other <br />parties notice of the new address in the manner provided in this section. Notices shall <br />be deemed to have been received three days after deposit in the mail. <br /> <br />Parties Bound. This agreement shall be binding upon, pnd inure to the benefit of, the <br />parties to this agreement and their respective heirs, executors, administrators, legal <br />representatives, successors, and assigns, when permitted by this agreement. <br /> <br />Prior Aqreements Superseded. This agreement constitutes the sole and only <br />agreement of the parties to the agreement and supersedes any prior understandings or <br />written or oral agreements between the parties respecting the subject matter of this <br />agreement. Nothing herein shall be deemed to ratify or create any rights in third parties <br />who are not parties to this Agreement. <br /> <br />Amendment. No amendment, modification, or alteration of the terms of this Agreement <br />shall be binding unless it is in writing, dated subsequent to the date of this agreement, <br />and duly executed by the parties to this agreement. <br /> <br />IN WITNESS HEREOF, City, Company, and Lender have executed this Agreement as <br />of the date indicated above at San Marcos, Hays County, Texas. <br />