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September 2, 2014.
<br />BF: Vol F'9
<br />1.4032062 OPR 5057 122
<br />2.11 Exhibits /Amendment
<br />All exhibits attached to this Agreement are incorporated by reference and expressly made part of this Agreement as
<br />if copied verbatim. This Agreement may be amended only by mutual agreement of the Parties and in accordance
<br />with the applicable procedures outlined in Section 1.4.2.6(c) the City's LDC.
<br />2.12 Severability
<br />If any section, subsection, sentence, clause, phrase, paragraph, part or provision of this Agreement be declared by
<br />a court of competent jurisdiction to be invalid, illegal, unconstitutional or unenforceable in any respect, such
<br />unenforceability, unconstitutionality, illegality or invalidity shall not affect any of the remaining sections, subsections,
<br />sentences, clauses, phrases, paragraphs, parts or provisions of this Agreement as a whole, or in any part, since the
<br />same would have been enacted by the City Council without the incorporation in this Agreement of any such invalid,
<br />illegal, unconstitutional or unenforceable section, subsection, sentence, clause, phrase, paragraph, part or
<br />provision.
<br />2.13 Interpretation
<br />Wherever required by the context, the singular shall include the plural, and the plural shall include the singular.
<br />2.14 Notice
<br />Any notice, request or other communication required or permitted by this Agreement shall be in writing and may be
<br />affected by overnight courier or hand delivery, or by sending said notice by registered or certified mail, postage
<br />prepaid, return receipt requested, and addressed to the Parties as set forth below. Notice shall be deemed given
<br />when deposited with the United States Postal Service with sufficient postage affixed.
<br />Any notice mailed to the City shall be addressed to:
<br />City Manager
<br />City of San Marcos
<br />630 E. Hopkins Street
<br />San Marcos, Texas 78666
<br />Any notice mailed to the County shall be addressed to:
<br />Director of Development Services
<br />Hays County
<br />2171 Yarrington Road
<br />San Marcos, TX 78666
<br />Any notice mailed to LOR shall be addressed to:
<br />Lazy Oaks Ranch, LP
<br />c/o Dubois, Bryant & Campbell, LLP
<br />Attn: Mr. William C. (Bill) Bryant, Manager
<br />700 Lavaca Street, Suite 1300
<br />Austin, Texas 78701
<br />2.15 Force Majeure
<br />Owner and the City agree that the obligations of each party shall be subject to force majeure events such as natural
<br />calamity, fire or strike.
<br />2.16 Assignment
<br />As of the Effective Date, LOR owns the Property. LOR may assign its rights and obligations under this Agreement
<br />to any third party (ies) only after providing written notice of assignment to the City. The terms of this Agreement
<br />shall be covenants running with the land and binding on successors and assigns.
<br />2.17 Signatures
<br />The City represents that this Agreement has been approved and duly adopted by the City Council of the City in
<br />accordance with all applicable public meeting and public notice requirements including, but not limited to, notices
<br />required by the Texas Open Meetings Act, and that the individual executing this Agreement on behalf of the City
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