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forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of <br />Historic Properties, insofar as they apply to the performance of this agreement. <br />In general, this requires concurrence from the State Historic Preservation Officer for all <br />rehabilitation and demolition of historic properties that are fifty years old or older or that are <br />included on a Federal, state, or local historic property list. <br />XII. SEVERABILITY <br />If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be <br />affected thereby and all other parts of this Agreement shall nevertheless be in full force and <br />effect. <br />XIII. SECTION HEADINGS AND SUBHEADINGS <br />The section headings and subheadings contained in this Agreement are included for <br />convenience only and shall not limit or otherwise affect the terms of this Agreement. <br />XIV. WAIVER <br />The City's failure to act with respect to a breach by the Subrecipient does not waive its right to <br />act with respect to subsequent or similar breaches. The failure of the City to exercise or enforce <br />any right or provision shall not constitute a waiver of such right or provision. <br />XV. VENUE AND LEGAL REMEDIES <br />This Agreement is governed by the laws of the State of Texas. Exclusive venue for any dispute <br />arising under this Agreement is in Hays County, Texas. In addition to any other remedy <br />available by law, it is specifically provided that either party may enforce this Agreement by <br />specific performance in a court of competent jurisdiction. <br />The Subrecipient will notify the City whenever a problem arises that may lead to legal action or <br />claim against the Subrecipient. The Subrecipient agrees to furnish to the City any information <br />with respect to such action or claim. <br />XVI. ENTIRE AGREEMENT <br />This agreement constitutes the entire agreement between the City and the Subrecipient for the <br />use of funds received under this Agreement and it supersedes all prior or contemporaneous <br />communications and proposals, whether electronic, oral, or written between the City and the <br />Subrecipient with respect to this Agreement. <br />.. <br />City of San Marcos <br />For-mat appr-evpfi 2014 2015 Template Draft Page 20 <br />