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<br />Section 11.02. SMVP agrees to include provisions in its leases for the Facility prohibiting <br />discrimination by tenants in the provision of services or in employment practices at the Facility on the <br />basis of race, creed, color, national origin, sex or disability <br />Section 11.03. 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 if <br />the parties intended at all times not to include the invalid section, subsection, paragraph, sentence, <br />phrase or word. This Agreement may be amended only by a written instrument executed by both <br />parties. <br /> <br />Section 11.04. This Agreement will be construed under the laws of the State of Texas. The <br />term Awill" is mandatory in this Agreement. Mandatory venue for any action under this Agreement <br />will be in the state court of appropriate jurisdiction for the action in Hays County, Texas. This <br />Agreement is performable in Hays County, Texas. The City's execution of and performance under <br />this Agreement will not act as a waiver of any immunity of the City to suit or liability under applicable <br />law. The parties acknowledge that the City, in executing and performing this Agreement, is a <br />governmental entity acting in a governmental capacity. <br />Section 11.05. A copy of this Agreement will be recorded in the official records of Hays <br />County, Texas, by the City. SMVP will be responsible for providing to the Hays County Appraisal <br />District all information necessary to give effect to this Agreement. <br />This Agreement has been executed by the parties in multiple originals or counterparts each <br />having full force and effect. <br /> <br />CITY OF SAN MARCOS, TEXAS <br />~ \ <br />By: . u' <br />Dan O'Leary, City <br /> <br /> <br />STATE OF TEXAS <br />COUNTY OF HAYS <br /> <br />~ <br />~ <br /> <br />Julia Q. Salas <br />NOTARY PUBLIC <br />STATE OF TEXAS <br />MY COMM. EXP. 4-10-201 0 <br /> <br /> <br />'7 <br />2001f by Dan <br />arcos, on behalf ofthe <br /> <br />This instrument was acknowledged before me on <br />O'Leary, known personally by me to be the City Manager of the City; <br />City of San Marcos. <br /> <br />Notary seal: <br /> <br />6 <br />