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<br />I <br /> <br />and not in any form of partnership or joint venture. The City assumes no responsibilities or liabilities <br />to any third parties in connection with this Agreement, and So High agrees to indemnify, defend and <br />hold the City harmless from any such liabilities. <br /> <br />PART 6. MISCELLANEOUS <br /> <br />Section 6.01. All notices called for or required by this Agreement will be delivered to the <br /> <br />following by certified mail or confirmed facsimile transmission: <br /> <br />Mr. Charles Austin <br />Austin-Zinkgraf, LLC <br />514 Duncan Street <br />San Marcos, Texas 78666 <br />Phone: (512) 392-7080 <br />Fax: 512-392-9791 <br /> <br />City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />Fax: 396-4656 <br /> <br />I <br /> <br />Each party will notify the other party in writing of any change in its address. <br />Section 6.02. So High agrees to ensure that no discrimination will occur in the provision of <br />services or in employment practices at the Building on the basis of race, creed, color, national origin, <br />sex or disability. <br />Section 6.03. In the event any section, subsection, paragraph, sentence, phrase or word is <br />held invalid for any reason, the balance ofthis 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 />I <br /> <br />Section 6.04. This Agreement will be construed under the laws of the State of Texas. The <br />term "will" 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. Nothing in this Agreement, and no action of the <br />City under this Agreement, will constitute a waiver of any immunity of the City to suit or to liability. <br />Section 6.05. So High may not assign any of its rights, or delegate or subcontract any of its <br />duties under this Agreement, in whole or in part, without the prior written consent of the City. <br /> <br />Page 3 of 4 <br />