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<br />Page 6 <br /> <br />PART 8. PROPERTY TAX APPRAISED VALUE <br /> <br />Section 8.01. It is understood and agreed between the parties that the Property and the <br />improvements upon the Property will be appraised at market value for the purposes of property tax <br />assessment throughout the term of this Agreement, and that this value may change during the term <br />of this Agreement. The calculation of abated taxes will make use of this appraised value as it is <br />determined for each year of the Abatement Period. <br /> <br />PART 9. INDEPENDENT CONTRACTOR/INDEMNITY <br /> <br />Section 9.01. ltis understood and agreed between the parties that the City and Hays Energy, <br />In executing this Agreement, and in performing their respective obligations, are acting <br />independently, and not in any form of partnership or joint venture. The City assumes no <br />responsibilities or liabilities to any third parties in connection with this Agreement, and Hays Energy <br />agrees to indemnify, defend and hold the City harmless from any such liabilities. <br /> <br />PART 10. NOTICE <br /> <br />Section 10.01. All notices called for or required by this Agreement will be delivered to the <br /> <br />following by certified mail, postage pre-paid, effective five days after mailing, or by hand delivery <br /> <br />or overnight delivery, effective upon delivery: <br /> <br />Hays Energy Limited Partnership <br />10000 Memorial Drive, Suite 500 <br />Houston, Texas 77024 <br /> <br />City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br /> <br />Each party will notify the other party in writing of any change in its address. <br /> <br />PART 11. MISCELLANEOUS <br />Section 11.01. This Agreement was approved by the City Council at its meeting on May 24, <br /> <br />1999. <br />