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Section 8.02. Severability; Waiver. <br />a. If any provision of this Agreement is illegal, invalid, or unenforceable, under <br />present or future laws, it is the intention of the parties that the remainder of this Agreement not <br />be affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be <br />added to this Agreement which is legal, valid and enforceable and is as similar in terms to the <br />illegal, invalid or enforceable provision as is possible. <br />b. Any failure by a parry to insist upon strict performance by the other party of any <br />material 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 performance of any and <br />all of the provisions of this Agreement. <br />Section 8.03. Applicable Law and Venue. The interpretation, performance, <br />enforcement and validity of this Agreement are governed by the laws of the State of Texas. <br />Venue will be in a court of appropriate jurisdiction in Hays County, Texas. <br />Section 8.04. Entire Agreement. This Agreement contains the entire agreement of <br />the parties. There are no other agreements or promises, oral or written, between the parties <br />regarding the subject matter of this Agreement. This Agreement can be amended only by <br />written agreement signed by the parties. This Agreement supersedes all other agreements <br />between the parties concerning the subject matter. <br />Section 8.05. Exhibits, Headings, Construction and Counterparts. All schedules <br />and exhibits referred to in or attached to this Agreement are incorporated into and made a part <br />of this Agreement for all purposes. The paragraph headings contained in this Agreement are <br />for convenience only and do not enlarge or limit the scope or meaning of the paragraphs. <br />Whenever appropriate, words of the masculine gender may include the feminine or neuter, and <br />the singular may include the plural, and vice - versa. The parties acknowledge that each of them <br />have been actively and equally involved in the negotiation of this Agreement. Accordingly, <br />the rule of construction that any ambiguities are to be resolved against the drafting party will <br />not be employed in interpreting this Agreement or any exhibits hereto. This Agreement may <br />be executed in any number of counterparts, each of which will be deemed to be an original, and <br />all of which will together constitute the same instrument. This Agreement will become <br />effective only when one or more counterparts, individually or taken together, bear the <br />signatures of all of the parties. <br />Section 8.06. Time. Time is of the essence of this Agreement. In computing the <br />number of days for purposes of this Agreement, all days will be counted, including Saturdays, <br />Sundays and legal holidays; however, if the final day of any time period falls on a Saturday, <br />Sunday or legal holiday, then the final day will be deemed to be the next day that is not a <br />Saturday, Sunday or legal holiday. <br />Section 8.07. Authority for Execution. The City certifies, represents, and warrants <br />that the execution of this Agreement is duly authorized and adopted in conformity with its City <br />Charter and City ordinances. The Developer hereby certifies, represents, and warrants that the <br />execution of this Agreement is duly authorized and adopted in conformity with the articles of <br />13 <br />