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<br />-5- <br /> <br />ARTT CLE 5. <br /> <br />REIMBURSEMENT BY OWNER <br /> <br />Owner agrees to pay City $10.50 per linear foot for each <br /> <br />foot <br /> <br />of <br /> <br />water transmission line located <br /> <br />portion <br /> <br />of <br /> <br />in or <br /> <br />immediately <br /> <br />adjacent <br /> <br />to <br /> <br />any <br /> <br />the <br /> <br />429 <br /> <br />which <br /> <br />Owner <br /> <br />subsequently <br /> <br />acres <br /> <br />plats <br /> <br />or, <br /> <br />City at <br /> <br />where a plat is not required, develops. <br /> <br />Payment to be made by Owner to <br /> <br />the time that <br /> <br />City gives <br /> <br />final <br /> <br />acceptance <br /> <br />of <br /> <br />infra-structure improvements for <br /> <br />that <br /> <br />portion <br /> <br />said <br /> <br />of <br /> <br />429 <br /> <br />acres <br /> <br />being developed by <br /> <br />Onwer. <br /> <br />Notwithstanding <br /> <br />anything <br /> <br />the <br /> <br />to <br /> <br />contained <br /> <br />contrary <br /> <br />in this <br /> <br />connection <br /> <br />agreement, Owner shall not be required to make any payments to City <br /> <br />with Owner's development of any portion of the 429 acres in <br /> <br />in <br /> <br />the event that City, at the time of Owner's development of such portion <br /> <br />of the 429 acres, is unable to provide water service to that portion of <br /> <br />Owner's 429 acres. <br /> <br />Any <br /> <br />ARTI C LE 6 <br /> <br />NOTICES <br /> <br />notice <br /> <br />communication <br /> <br />under <br /> <br />this <br /> <br />or <br /> <br />Ag reemen t <br /> <br />shall <br /> <br />be <br /> <br />delivered in person or by registered or certified u.s. Mail, <br /> <br />to <br /> <br />the <br /> <br />parties' <br /> <br />addresses as set forth below their signature hereto. <br /> <br />7.01. <br /> <br />7.02. <br /> <br />7.03. <br /> <br />7.04. <br /> <br />7.05. <br /> <br />addressed <br /> <br />ARTI C LE 7 <br /> <br />MI SCE LLANEOUS <br /> <br />Governing Law. This Contract shall be construed in <br />accordance with the laws of the State of Texas and venue <br />shall be in Hays County, Texas. <br /> <br />Other Documents. The parties hereto covenant and agree <br />that they will execute such other and further instruments <br />and documents as are or may become necessary or <br />convenient to effectuate and carry out the purposes of <br />this Agreement. <br /> <br />Severability. Any clause, sentence, provision, paragraph <br />or article of this Agreement held by a court of competent <br />jurisdiction to be invalid, illegal, or ineffective shall <br />not impair, invalidate, or nullify the remainder of this <br />Agreement, but the effect thereof shall be confined to <br />the clause, sentence, provision, paragraph or article so <br />held to be invalid, illegal, or ineffective. <br /> <br />Effective Date. This Agreement shall be effective on the <br />date executed by the City. <br /> <br />Successors and Assigns. This Agreement shall be binding <br />upon the parties hereto and their respective heirs, <br />personal representatives, successors and assiGns. <br />