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WWI <br />existence of an event of Force Majeure, and it shall exercise due diligence in seeking to remove, <br />terminate, or mitigate the effects of the event. <br />ARTICLE 17. MISCELLANEOUS PROVISIONS <br />(a) Notices. Whenever this Agreement requires or permits any formal notices, consents, <br />approvals, or requests ( "Notice ") from one Party to another, the Notice must be made in <br />writing and sent by registered or certified United States mail, return receipt requested, or <br />delivered personally or by courier service, to the address below. Notice may additionally <br />be sent by email or fax as indicated below, but such service shall not excuse proper notice <br />as set forth above. Either Party may change its address (including the persons to whose <br />attention Notices should be sent) for receiving Notices ,at any time by written notice to <br />the other Party. <br />LCRA: <br />Lower Colorado River Authority <br />Attn: General Manager <br />3700 Lake Austin Blvd <br />Austin, Texas 78703 <br />With a copy to: <br />Lower Colorado River Authority <br />Attn: Office of General Counsel <br />3700 Lake Austin Blvd <br />Austin, Texas 78703 <br />San Marcos: <br />City of San Marcos <br />Attn: City Manager <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />Email: city—manager—info @ sanmarcostx.gov <br />With a copy to: <br />City of San Marcos <br />Attn: City Attorney <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />Email:legal_info @ sanmarcostx.gov <br />(b) Relationship of Parties. Neither the execution nor delivery of this Agreement, nor the <br />consummation of the transactions contemplated hereunder, shall create or constitute a <br />partnership, joint venture, or any other form of business organization or arrangement <br />between the Parties, except for the contractual arrangements specifically set forth in this <br />Agreement. Except as is expressly agreed to in writing in this Agreement, no Party (or <br />any of its agents, officers or employees) shall be an agent, employee, contractor, vendor, <br />representative or partner of the other Party nor shall a Party (or any of its agents, officers <br />or employees) have any power to assume or create any obligation on behalf of the other <br />Party. <br />No Party shall have a right or power to bind the other Party without its written consent, <br />except as provided in this Agreement. <br />IN,THEIR RELATIONS WITH EACH OTHER UNDER THIS AGREEMENT, THE <br />PARTIES SHALL NOT BE CONSIDERED FIDUCIARIES OR TO HAVE <br />ESTABLISHED A CONFIDENTIAL RELATIONSHIP, BUT RATHER SHALL BE <br />FREE TO ACT ON AN ARM'S LENGTH BASIS IN ACCORDANCE WITH THEIR <br />OWN RESPECTIVE SELF - INTEREST. <br />Participation Agreement between <br />Lower Colorado River Authority Page 18 of 26 <br />and City of San Marcos <br />