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<br /> defray the SWT's expenses in maintaining the field. The City will make these <br /> payments to 5WT's Vice President for Finance and Management on or before <br /> August 1 of each year. <br /> 3. General Provisions <br /> 3.01. This agreement is binding on the parties and their successors <br /> and their assigns where permitted by this agreement. <br /> 3.02. The parties will construe this agreement under the laws of the <br /> State of Texas. <br /> 3.03. This agreement is the only agreement between the parties <br /> respecting this subject, and it supersedes all prior written or oral <br /> understandings between the parties respecting this subject. <br /> 3.04. The parties may not amend this agreement unless they do so in <br /> writing. Representatives of both parties must sign any amendment for it to <br /> be valid. <br /> 3.05. Neither party is required to perform its obligations under this <br /> agreement if prevented from doing so by force majeure. <br /> 3.06. Time is of the essence of this agreement. <br /> Signed this 15 day of August, 1989. <br /> <br /> THE CITY OF SAN MARCOS <br /> By: ~a <br /> Larr D.~illey, ~ty Manager <br /> SOUTHWEST TEXAS STATE UNIVERSITY <br /> J'r~Y:2e2c~~¿ <br /> Finance and r-ianagement <br /> -2- <br />