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<br /> -5- <br />construed to be a waiver of any succeeding breach thereof or of <br />any other covenants or agreements herein contained. <br />19. WAIVER <br /> Failure of either party to insist upon strict performance of <br />any covenant or condition of this lease agreement in any one or <br />more instances shall not be construed as a waiver for the future <br />of any such covenant or condition, but the same shall be and <br />remain in full force and effect. <br />20. NOTICES <br /> <br /> Any notice required or desired to be given to either party <br />shall be in writing and be sent by certified mail postage <br />prepaid. Any such notice to the LESSOR shall be addressed to <br />him/her at P.O. Box 494, Kerrville, Texas, 78029. Any such <br />notice to the LESSEE shall be addressed to City Manager, Larry D. <br />Gilley, 630 East Hopkins, San Marcos, Texas, 78666. The address <br />of either party may be changed by written notice thereof to the <br />other party. <br />21. CAPTIONS <br /> <br /> The captions appearing at the beginning of each of the <br />sections and paragraphs of this lease agreement are for reference <br />only and are not to be considered a part of this lease agreement. <br />22. TIME <br /> It is expressly stipulated that time shall be of the essence <br />of this lease agreement. <br />23. BINDING ON HEIRS. ETC. <br /> <br /> This lease agreement shall be binding upon the heirs, <br />devisees, executors, administrators, successors in interest, and <br />assigns of the parties hereto. <br />24. MODIFICATION <br /> <br /> This contract constitutes the whole agreement between the <br />parties. There are no terms, obligations, covenants, or <br />conditions other than those contained herein. No modification or <br />variation thereof shall be deemed valid unless evidenced by an <br />agreement in writing. <br />25. MISCELLANEOUS <br /> <br /> Whenever a period of time is herein prescribed for action to <br />be taken by LESSOR OR LESSEE, LESSOR and LESSEE shall not be <br />liable or responsible for, and there shall be exc I uded from the <br />computation of any such period of time, any delays due to strikes, <br />riots, acts of God, shortages of labor or materials, war, <br />government laws, regulations, or restrictions or ar other causes <br />of any kind whatsoever which are beyond the reasonc..,Dle control of <br />LESSOR or LESSEE. <br /> This Lease shall be construed according to the Laws of the <br />State of Texas, and all obligations of LESSOR and LESSEE under the <br />terms of this Lease shall be payable and performable in Guadalupe <br />County, Texas. <br /> Should any provision of this Lease be held invalid or <br />unenforceable, the validity and enforceability of all remaining <br />provisions of this Lease shall not be affected thereby. <br />26. INTERPRETATION OF WORDS "LESSOR" AND "LESSEE" <br />