Res 2014-120/Expressing the City Council’s support for the proposed La Cima Development Project

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ARTICLE III MISCELLANEOUS PROVISIONS 3.1. Actions Performable. The City and the Owner agree that all actions to be performed under this Agreement are performable in Hays County, Texas. 3.2. Governing Law and Venue. The City and Owner agree that this Agreement has been made under the laws of the State of Texas in effect on this date, and that any interpretation of this Agreement at a future date shall be made under the laws of the State of Texas. Venue for all disputes concerning this Agreement shall be in the state courts of Hays County, Texas or, for any matters in federal court, the United States District Court for the Western District of Texas, Austin Division. 3.3. Severability. If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 3.4. Complete Agreement. This Agreement represents a complete agreement of the parties and supersedes all prior written and oral matters related to this agreement. Any amendment to this Agreement must be in writing and signed by all parties. 3.5. Exhibits. All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as if copied verbatim. 3.6. Notice. All notices, requests or other communications required or permitted by this Agreement shall be in writing and shall be sent by (i) by overnight courier or hand - delivery, or (ii) certified mail, postage prepaid, return receipt requested, and addressed to the parties at the following addresses, or any new addresses as may be provided in writing by the parties: 4.