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B. Change Orders. The City may approve all change orders permitted under <br />the contract for construction of the Roadway Improvements and will notify the SMCISD <br />of any proposed change orders. <br />IV. Termination <br />4.01. Termination of Agreement. If either Party fails to perform its obligations for any <br />reason except the other Party's default or pursuant to a right to terminate expressly set forth in <br />this Agreement, the other Party may terminate this Agreement, subject to any legal and equitable <br />remedies available under Texas law. <br />V. General Provisions <br />5.01. Assi ng ment. Neither Party may assign any of its duties or obligations under this <br />Agreement without the written consent of the other. <br />5.02. Choice of Law and Venue. The parties will construe this Agreement under the <br />laws of the State of Texas and will perform all of their obligations in Hays County, Texas. The <br />term "will" is mandatory in this Agreement. <br />5.03. Binding Agreement. This Agreement will be binding upon the Parties and their <br />respective legal representatives, successors, and assigns. <br />5.04 Severability. If any the provision of this Agreement is held to be invalid or <br />unenforceable by a court of proper jurisdiction, the holding will not affect any other provisions <br />of this Agreement if the Agreement can be given effect without the invalid provision. The Parties <br />will construe the Agreement as if the invalid or unenforceable provision had not been contained <br />in this Agreement. <br />5.05. Only Agreement; Amendment. This Agreement, once signed, will constitute the <br />only agreement of the parties regarding this subject and it supersedes any prior understandings or <br />