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6. Default; Attorneys Fees. If either C&G or Horton defaults in the performance <br />of its obligations hereunder for any reason, then the non -defaulting party will be entitled to <br />pursue the remedies available it to under Article V of the Constriction Agreement, which C&G <br />and Horton agree applies to this Assignment. In the event of any lawsuit based on this <br />Assignment, the prevailing party will be entitled to recover reasonable attorney's fees and related <br />costs. <br />7. Governing Law and Venue. The laws of the State of Texas and the United <br />States of America will govern the validity, enforcement and interpretation of this Assignment. <br />The obligations of the parties are performable and venue for any legal action arising out of this <br />Assignment will lie in Hays County, Texas. <br />S. Invalid Provisions. If any one or more of the provisions of this Assignment, or <br />the applicability of any such provision to a specific situation, is held invalid or unenforceable, <br />such provision will be modified to the minimum extent necessary to make it or its application <br />valid and enforceable, and the validity and enforceability of all other provisions of this <br />Assignment and all other applications of any such provision will not be affected. <br />9. Counterparts. This Assignment may be executed in multiple counterparts each <br />of which will have the force and effect of an original. <br />10. Purchase of Horton Propert . Notwithstanding any other provision herein, this <br />Partial Assignment shall not be effective or binding unless and until Horton closes the purchase <br />and acquisition of the Horton Property. <br />11. City Approval. This Assignment shall not be effective or enforceable until <br />approved by the City Manager, as set forth below. <br />[REMAINDER OF THIS PAGL•" lN'rENTIONALLY I.rrT BLANK[ <br />ASSIGNMENT AND ASSUMPTION of <br />DEVELOPER PARTICIPATION AGREEMENT Page 3 Vista de los Santos <br />9761452v.2 <br />