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<br />-5- <br /> <br />IX. <br />INDEMNITY <br /> <br />It is understood and agreed between the parties that HHJV, in <br />performing its obligations hereunder, is acting independently, and the <br />City assumes no responsibilities or liabilities in connection therewith <br />to third parties and HHJV agrees to indemnify and hold the City <br />harmless therefrom. It is further understood and agreed among the <br />parties that the City, in performing its obligations hereunder, <br />is acting independently, and HHJV assumes no responsibilities or <br />liabilities in connection therewith to third parties and the City <br />agrees to indemnify and hold HHJV harmless thereof. <br /> <br />X. <br />NOTICE <br /> <br />~' All notices called for or required by this Agreement shall be <br />~ addressed to the following, or such other party or address as either <br />. party designates in writing, by certified mail, postage pre-paid or by <br />hand delivery, and shall be effective two days after mailing. <br /> <br />00 Harperls Hall Joint Venture <br />o~ Guadalupe R. Carbajal <br />~'" 125 N. Guadalupe <br />Suite 201 <br />San Marcos, Texas 78666 <br /> <br /> <br />City of San Mrcos <br />City Secretary <br />630 East Hopkins <br />San Marcos, Texas 78666 <br /> <br /> <br />XI. <br />CITY COUNCIL AUTHORIZATION <br /> <br />This Agreement was approved by Resolution of the City Council <br />at its Council Meeting on the 22 day of May, 1989, authorizing <br />the Mayor to execute this Agreement on behalf of the City. <br /> <br />XII. <br />SEVERABILITY <br /> <br />In the event any section, subsection, paragraph, sentence, phrase <br />or word is held invalid, illegal or unconstitutional, the balance of <br />this Agreement shall stand, shall be enforceable and shall be read as <br />if the parties intended at all times to delete said invalid section, <br />subsection, paragraph, sentence, phrase or word. <br /> <br />XIII. <br />APPLICABLE LAW <br />This Agreement shall be construed under the laws of the <br />State of Texas. Venue for any action under this Agreement shall be in <br />the State District Court of Hays County, Texas. This Agreement is <br />performable in Hays County, Texas. <br /> <br />XIV. <br />RECORDATION OF AGREEMENT <br /> <br />A certified copy of this Agreement in recordable form shall be <br />recorded in the Deed Records of Hays County, Texas, by or on behalf of <br />the City of San Marcos. <br /> <br /> <br /> <br />This Agreement has been executed by the parties in multiple <br />originals or counterparts each having full force and effect. <br /> <br /> <br /> <br />EXECUTED this 23 day of May , 1989, by <br />