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<br /> -4- <br /> MISCELLANEOUS PROVISIONS <br /> Extensions: Maxwell agrees to allow the City to extend <br /> transmission lines through Maxwell's certified area for the purpose of <br /> serving any Municipal Utility District (MUD). <br /> Maxwell shall not protest dual certification for purpose of <br /> providing service to MUD within Maxwell's certified area by City. <br /> The City agrees that in the event said MUD or MUDs are dissolved <br /> without annexation by City, City will agree to withdraw dual <br /> certification. <br /> The City agrees not to request dual certification of Maxwell's <br /> certified area in the City's ETJ except for purpose of serving MUDs. <br /> Modification: No provisions of this agreement may be modified <br /> except by mutual written consent of the parties. <br /> Document as Entire Agreement: This document embodies the entire <br /> agreement between the parties relative to the subject matter hereof <br /> and no verbal agreement of any kind shall be binding or recognized or <br /> in any manner modify this agreement. <br /> Severability Clause: If any word, phrase, clause, paragraph, <br /> part or provision of this Agreement or the subparagraphs contained <br /> herein or the application thereof to any person, governmental entity, <br /> water supply corporation, or circumstance shall be held to be invalid <br /> or unconstitutional, the remainder of this Agreement shall <br /> nevertheless be valid, and Maxwell and the City of San Marcos hereby <br /> declare that this agreement would have been enacted without such <br /> invalid or unconstitutional word, phrase, clause, paragraph, part or <br /> provision. <br /> EXECUTED as of the 4th day of November , 19 85 . <br /> --- <br /> CITY OF SAN MARCOS, TEXAS <br /> BY: L {!~ <br /> - <br /> Ernrn i e Craddock, Mayor <br />