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written notice of the full particulars of such force majeure to the other party within <br />ten (10) days after the occurrence thereof. The obligations of the party giving such <br />notice, to the extent effected by the force majeure, shall be suspended during the <br />continuance of the inability claimed, except as hereinafter provided, and the party <br />shall endeavor to remove or overcome such inability with all reasonable dispatch. <br />Incorporated Agreements The Consent Agreements creating MUDs 1 -5, adopted <br />April 16, 2013 and March 2014 are specifically incorporated into this Agreement by <br />reference, together with any exhibits attached hereto and to the Consent <br />Agreements. <br />Governing Law, Jurisdiction and Venue This Agreement shall be governed by <br />and construed in accordance with the laws of the State of Texas, as it applies to <br />contracts performed within the State of Texas and without regard to any choice of <br />law rules or principles to the contrary. The parties acknowledge that this Agreement <br />is performable in Hays County, Texas and hereby submit to the jurisdiction of the <br />courts of that County, and hereby agree that any such Court shall be a proper <br />forum for the determination of any dispute arising hereunder. <br />Severability If any provision of this Agreement is illegal, invalid, or unenforceable, <br />under present or future laws, it is the intention of the Parties that the remainder of <br />this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable <br />provision, that a provision be added to this Agreement which is legal, valid, and <br />enforceable and is as similar in terms to the illegal, invalid or enforceable provision <br />as is possible. <br />Parties If any of the ownership entities fail or refuse to sign this Agreement or <br />choose to opt out of this Agreement, those entities and their property shall be <br />excluded. The Conceptual Land Plan will be amended to reflect the change and will <br />automatically become part of this Agreement. Further, the county deed records will <br />be amended by the Owner to reflect the change and evidence of the recordation will <br />be provided to the City. <br />12 <br />