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<br />I <br /> <br />I <br /> <br />I <br /> <br />and permitted assigns of the Parties. Carma may assign all or part of its rights and/or obligations <br />under this Agreement to a purchaser of all or part of the Carma Property, or to a lender providing <br />financing for all or part of the Post Road Project costs, without the consent of the City; however, <br />such an assignment is not valid unless Carma delivers written notice of the assignment to the <br />City. Any other assignment by a Party of rights or obligations under this Agreement will require <br />the written approval of the other Party. <br /> <br />15. Authority of Signatories. Each of the persons executing this Agreement represents <br />that he or she has full power and authority to execute this Agreement on behalf of the Party that <br />person represents. <br /> <br />16. Notice. Notices required by this Agreement will be provided by the Parties to one <br />another by certified mail, return receipt requested, or by confirmed facsimile transmission, to the <br />following addresses: <br /> <br />To the City: <br /> <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, TX 78666 <br />Fax: 512/396-4656 <br /> <br />To: Carma: <br /> <br />Carma Texas Inc. (required) <br />9737 Great Hills Trail, Suite 260 <br />Austin, Texas 78759 <br />Fax: (512) 391-1333; and <br /> <br />E. Scott Lineberry (courtesy copy) <br />DuBois, Bryant & Campbell L.L.P. <br />700 Lavaca, Suite 1300 <br />Austin, Texas 78701 <br />Fax: (512) 457-8008 <br /> <br />If a Party changes its address or facsimile number for notice purposes, it will provide written <br />notice of the new address to the other Parties within 10 days of the change. <br /> <br />17. Venue; Governing Law. This Agreement shall be construed and enforced according <br />to the laws of the State of Texas; and exclusive venue for any legal action arising under this <br />Agreement shall lie in Hays County, Texas. <br /> <br />18. Agreed Transfer of Post Road Project Management to the City. The Parties <br />acknowledge that the Post Road Water Project might benefit from the City assuming certain <br />obligations of Carma in the management and construction of the improvements contained within <br />the Post Road Water Project. In that regard, Carma and the City hereby agree that, upon their <br />mutual written consent, the City and Carma will negotiate in good faith a separate agreement on <br />terms and conditions acceptable to both parties outlining (i) the specific obligations concerning <br />the management and construction of the Post Road Water Project improvements that are to be <br /> <br />7 <br /> <br />Post Road Water Utility Agt 20070614a <br />