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<br />6-28-99 <br /> <br />of the Facility in the manner contemplated in this Contract, or 2) assign or otherwise transfer this <br />Contract as collateral to secure loans providing financing or refinancing of the Facility. <br /> <br />Section 3.08. Taxes. The Seller is responsible for the payment of all taxes that may be levied or <br />assessed on its operations and activities under this Contract. <br /> <br />Section 3.09. Amendments. This Contract may be amended only through a written amendment <br />executed by the parties. The term "will" in this Contract is mandatory. <br /> <br />Section 3.10. Governing Law and Venue. This Contract is governed by the laws of the State of <br />Texas. Exclusive venue for any legal action under this Contract shall be in Hays County, Texas. <br /> <br />Section 3.11. Severability. If any portion of this Contract is found by a court to be invalid or <br />unenforceable for any reason, that portion of the Contract will be severed, and the rest of this <br />Contract will continue in effect. <br /> <br />Section 3.12. Order of Precedence. In the event of any conflict between the terms ofthis Contract <br />and the terms of any attachment, exhibit or other document attached to or referred to in this Contract, <br />the terms of this Contract will take precedence. <br /> <br />Section 3.13. Nondiscrimination. In furnishing services and conducting activities under this <br />Contract, and in employment practices for employees and subcontractors associated with the <br />construction of the Supply Line, the Buyer will not discriminate on the basis of race, color, religion, <br />sex, age, natural origin or disability. <br /> <br />Section 3.14. Notice. All notices given under this Contract will be delivered personally, by certified <br />mail, return receipt requested, or by confirmed fax transmission, by overnight mail or by courier, to <br />the following address for the respective party: <br /> <br />To Seller: <br /> <br />City Manager <br />City of San Marcos <br />630 East Hopkins Street <br />San Marcos, TX 78666 <br />Fax No. 512/396-4656 <br /> <br />To Buyer: <br /> <br />Hays Energy Limited Partnership <br />c/o American National Power, Inc. <br />10000 Memorial Drive, Suite 500 <br />Houston, Texas 77024-3412 <br />Attn: General Counsel <br />Fax No. 713/613-4304 <br /> <br />6 <br />