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E. Attorneys' Fees. In the event that a party finds it necessary to employ an attorney <br />to enforce any provision of this Agreement, the prevailing party will be entitled to recover from <br />the non - prevailing party its reasonable attorneys' fees and costs reasonably and actually incurred <br />in connection therewith, at both trial and appellate levels; including bankruptcy proceedings, in <br />addition to any other performances or damages to which such party may be entitled. <br />F. Notices. All notices, requests, demands or other communications required or <br />permitted under this Agreement shall be in writing and delivered personally, by certified mail, <br />return receipt requested, postage prepaid, by overnight courier (such as Federal express) or by <br />facsimile transmission, addressed as follows: <br />If to Grantor: City Manager <br />City of San Marcos, Texas <br />630 East Hopkins Street <br />San Marcos, Texas, 78666 <br />Phone: (512) 393 -8101 <br />Fax: (512) 393 -3983 <br />If to 1410 Owner: c/o GEM Realty Capital, Inc. <br />900 North Michigan Avenue, Suite 1450 <br />Chicago, Illinois 60611 <br />Attention: Jonathan Romick <br />Phone (312) -915 -3 541 <br />Fax: (312) 915 -2901 <br />If to 1350 Owner: c/o GEM Realty Capital, Inc. <br />900 North Michigan Avenue, Suite 1450 <br />Chicago, Illinois 60611 <br />Attention: Jonathan Romick <br />Phone (312) -915 -3 541 <br />Fax: (312) 915 -2901 <br />[SIGNATURES NEXT PAGE] <br />CH \1405557.7 5 <br />