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<br /> 1491 764 <br /> Page 6 <br /> PART 9. INDEPENDENT CONTRACTOR/INDEMNITY <br /> Section 9.01. It is understood and agreed between the parties that the City and Pavestone, <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 Pavestone <br /> agrees to indemnify, defend and hold the City harmless from any such liabilities. <br /> PART 10. NOTICE <br /> Section 10.01. All notices called for or required by this Agreement will be delivered to the <br /> following by certified mail, postage pre-paid, effective five days after mailing, or by hand delivery, <br /> effective upon delivery: <br /> Pavestone Co., LP <br /> 4835 LBJ Freeway, Suite 700 <br /> Dallas, TX 75244 <br /> City Manager <br /> City of San Marcos <br /> 630 East Hopkins <br /> San Marcos, Texas 78666 <br /> Each party will notify the other party in writing of any change in its address. <br /> PART 11. MISCELLANEOUS <br /> Section 11.01. This Agreement was approved by the City Council at its meeting on October <br /> 26, 1998. <br /> Section 11.02. In the event any section, subsection, paragraph, sentence, phrase or word is <br /> held invalid for any reason, the balance of this Agreement will remain in effect and will be read as <br /> if the parties intended at all times not to include the invalid section, subsection, paragraph, sentence, <br /> phrase or word. <br />