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may, by giving at least five (5) days written notice to the City, designate additional parties to <br />receive copies of notices under this Agreement. <br />Section 8.02 Severability; Waiver. <br />a. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or <br />future laws, it is the intention of the parties that the remainder of this Agreement not be <br />affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision <br />be added to this Agreement which is legal, valid, and enforceable and is as similar in <br />terms to the illegal, invalid or enforceable provision as is possible. <br />b. Any failure by a Party to insist upon strict performance by the other Party of any material <br />provision of this Agreement will not be deemed a waiver thereof or of any other <br />provision, and such Party may at any time thereafter insist upon strict perfonnance of any <br />and all of the provisions of this Agreement. <br />Section 8.03 Applicable Law and Venue. <br />The interpretation, performance, enforcement and validity of this Agreement is governed by the <br />laws of the State of Texas. Venue will be in a court of appropriate jurisdiction in Caldwell County, <br />Texas. <br />Section 8.04 Entire Agreement. <br />This Agreement contains the entire agreement of the Parties. With the exception of the <br />Development Agreement and the Strategic Partnership Agreement, there are no other agreements or <br />promises, oral or written, between the Parties regarding the subject matter of this Agreement. This <br />Agreement can be amended only by written agreement signed by Owner, City and District (after its <br />creation). <br />Section 8.05 Exhibits, Headings, Construction and Counterparts. <br />All schedules and exhibits referred to in or attached to this Agreement are incorporated into <br />and made a part of this Agreement for all purposes. The paragraph headings contained in this Agreement <br />are for convenience only and do not enlarge or limit the scope or meaning of the paragraphs. Wherever <br />appropriate, words of the masculine gender may include the feminine or neuter, and the singular may <br />include the plural, and vice - versa. The Parties acknowledge that each of them have been actively and <br />equally involved in the negotiation of this Agreement. Accordingly, the rule of construction that any <br />ambiguities are to be resolved against the drafting party will not be employed in interpreting this <br />Agreement or any exhibits hereto. This Agreement may be executed in any number of counterparts, each <br />of which will be deemed to be an original, and all of which will together constitute the same <br />instrument. This Agreement will become effective only when one or more counterparts, individually or <br />taken together, bear the signatures of all of the parties. <br />Section 8.06 Time. <br />Time is of the essence of this Agreement. In computing the number of days for purposes of <br />this Agreement, all days will be counted, including Saturdays, Sundays and legal holidays observed <br />by banks in Hays County; however, if the final day of any time period falls on a Saturday, Sunday <br />or legal holiday, then the final day will be deemed to be the next day that is not a Saturday, Sunday or <br />14 <br />