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<br /> -3- <br /> 2. (a) Miscellaneous: This License and all of the provisions <br /> herein contained shall be binding upon the parties hereto, their <br /> successors and assigns. Licensee agrees not to assign this License or <br /> any interest therein, without the consent of Licensor in writing, and <br /> any and every such attempted assignment without such prior written <br /> consent shall be void and of no effect. In the event of any <br /> assignment, Licensee shall at all times remain fully responsible and <br /> liable for the compliance of all of its obligations under the terms, <br /> provisions, and covenants of this License. <br /> (b) The Licensor retains the right to make use of the area <br /> covered by this agreement for public utility purposes deemed by <br /> Licensor to be compatible with Licensee's maintenance of the <br /> Improvements. Licensor also retains the right to terminate this <br /> agreement at any time by giving Licensee ninety ( 90) days' advance <br /> written notice of its intention to do so. <br /> ( c) Any notice herein required to be given by Licensor to <br /> Licensee shall be deemed properly given if served upon or delivered to <br /> Licensee or its authorized agent, or if posted on or if mailed, <br /> postpaid, addressed to Licensee at 1201 Thorpe Lane, San Marcos, Hays <br /> County, Texas. <br /> (d) No oral promises, oral agreements, or oral warranties <br /> shall be deemed a part of this License, nor shall any alteration, <br /> amendment, supplement, or waiver of any of the provisions of this <br /> License be effective unless it is in writing, signed by Licensor and <br /> Licensee. <br />