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<br /> -~ - <br /> I {)6/t- <br /> SECTION 5. Consultant will furnish its best professional advice to the Client <br /> concerning the matters appearing in Section 2 hereof. However, Consultant does not warrant <br /> or represent that its recommendations will succeed in every instance or that circumstances <br /> will not change so as to render advise obsolete. <br /> SECTION 6. Consultant shall be deemed to be an independent contractor. Consultant <br /> will be permitted to engage in the performance of any other business or services. However, <br /> Consultant shall not engage in activities for clients whose interests directly oppose the best <br /> interest of the City of San Marcos and its Electric Utility Department. <br /> SECTION 7. The failure of either party to insist in anyone or more instances upon <br /> performance of any terms or conditions of this Agreement shall not be construed a waiver of <br /> future performance of any such term, covenant or condition but the obligations of either party <br /> with respect thereto shall continue in ful! force and effect. <br /> ~ <br /> SECTION 8. Any notice given hereunder shall be in writing and delivered or mailed: <br /> (a) To Consultant: <br /> Fred Saffer & Associates <br /> Attention: Fred R. Saffer <br /> 2111 East Michigan Street <br /> Suite 219 <br /> Orlando, Florida 32806 <br /> , <br /> (b) To Client: <br /> City of San Marcos <br /> Attention: Larry D. Gilley, City Manager <br /> 630 East Hopkins <br /> San Marcos, Texas 78666 <br /> Either party may, by notice as aforesaid, designate a different address. Any notice given <br /> hereunder shall be effected on the date of receipt. <br /> 2 <br />