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defense therefore, for any injury to or death of any persons and any loss of or damage to any <br />property that is caused by, alleged to be caused by, arising out of, or in connection with, <br />Developer's work to be performed hereunder. This release shall apply whether or not said <br />claims, demands, and causes or action are covered in whole or in part by insurance and <br />regardless of whether or not said claims, demands, and causes of action were caused in whole <br />or in part by the negligence of City, any other party released hereunder, or Developer. <br />V. <br />GENERAL PROVISIONS <br />5.1 Entire Agreement; Amendment; Assignment. This Agreement constitutes the <br />entire agreement between the parties hereto and may be amended only by a written document signed <br />by the parties. This Agreement shall be binding upon the successors and assigns of the parties. The <br />assignment of all or part of this Agreement by a party is not valid without the written consent of the <br />other party. <br />5.2 Signatory Authority. Each of the persons executing this Agreement represent that <br />he or she has full power and authority to execute this Agreement on behalf of the party that person <br />represents. <br />5.3 Construction; Venue. This Agreement shall be construed and enforced according to <br />the laws of the State of Texas; and exclusive venue for any legal action arising under this Agreement <br />shall lie in Hays County, Texas. <br />DEVELOPER <br />C.S. MEEKS, LLC. <br />a Texas Limited Liability Company <br />THE CITY OF SAN MARCOS <br />By: S Bye <br />Charles S. Meeks <br />Member <br />on <br />Jam Xs R. Nuse, P.E., <br />City Njanager <br />