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<br />/1A- <br /> <br />B. Payment of utilities for the Leased Premises, based upon a prorata portion of the <br />utilities for the Facility on a square footage basis. The City will be responsible for 2,000 <br />square feet of space. <br /> <br />C. <br /> <br />Janitorial and maintenance services for the Leased Premises. <br /> <br />All activities scheduled by the City will be open to the public, on a first-come, first-served <br />basis, and no preference will be provided for persons otherwise affiliated with Southside, <br />whether as residents of Souths ide's senior citizen residential area on Parker Drive or <br />otherwise. <br /> <br />3. MISCELLANEOUS AGREEMENTS <br /> <br />A. Each party agrees to maintain in full force a liability insurance policy or contract <br />covering personal injuries and property damage that occurs in connection with its <br />performance under this Agreement. Each party agrees to waive any claim it may have <br />against the other party to the extent the claim is covered by insurance. <br /> <br />B. This Agreement is governed by the laws of the State of Texas. Exclusive venue for <br />any dispute arising under this Agreement is in Hàys County, Texas. <br /> <br />C. All references in this Agreement to any particular gender are f9r convenience only <br />and will be construed and interpreted to be of the appropriate gender. The term "will" is <br />mandatory in this Agreement. <br /> <br />D. If any part of this Agreement is held invalid by a court of competent jurisdiction, this <br />Agreement will be construed as not containing the provision, and all other provisions which <br />are otherwise lawful will remain in full force and effect. <br /> <br />E. Neither party may assign, sublet or transfer any interest in this Agreement without <br />the written consent of the other. <br /> <br />F. The City of San Marcos is governed by the Texas Public Information Act, Chapter <br />552 of the Texas Government Code. This Agreement and all written information generated <br />under this Agreement may be subject to release under this Act. <br /> <br />G. This Agreement represents the entire and integrated agreement between the City <br />and the Southside and supersedes all prior negotiations, representations or agreements, <br />either written or oral. This Agreement may be amended only by written instrument signed <br />by both City and Southside. <br /> <br />H. This Agreement may be terminated at will by either party upon 30 days prior written <br />notice. <br /> <br />I. The term of this Agreement begins on February 1, 1997, and ends on January 31, <br />2002, when this Agreement will automatically renew for a period of five years unless <br />