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With a copy to: San Marcos City Manager <br /> 630 E. Hopkins <br /> San Marcos, Texas 78666 <br /> T: (512) 393-8000 <br /> E: city_managerinfo@sanmarcostx.gov <br /> The Parties shall have the right at any time and from time to time to change their respective addresses, and each <br /> shall have the right to specify as its address any other address within the United States of America by at least five <br /> (5)days written notice to the other Party. If any date or any period provided in this Agreement ends on a Saturday, <br /> Sunday or legal holiday observed by banks in Hays County, Texas,the applicable period for calculating the notice <br /> shall be extended to the first business day following such Saturday, Sunday or legal holiday. <br /> Section 18.06 Estoppel Certificate. Within ten (10) business days after receipt of a written request by Owner <br /> or a current owner of a tract in Cotton Center, City will certify in a written instrument duly executed and <br /> acknowledged to any person, firm or corporation specified in such request as to (i) the validity and force and <br /> effect of this Agreement in accordance with its terms; (ii)modifications or amendments(if any)to this Agreement <br /> and the substance of such modifications or amendments; (iii) the existence of any default to the best of City's <br /> knowledge; and (iv) such other factual matter that may be reasonably requested. <br /> Section 18.07 No Joint Venture. It is acknowledged and agreed by the Parties that the terms of this Agreement <br /> re not intended to and shall not be deemed to create any partnership or joint venture among the Parties. City, its <br /> t, present and future officers, elected officials, employees and agents of City, do not assume any <br /> _.,sponsibilities or liabilities to any third party in connection with the development of Cotton Center. <br /> Section 18.08 Time. Time is of the essence of this Agreement. In computing the number of days for purposes <br /> of this Agreement, all days will be counted, including Saturdays, Sundays and legal holidays observed by banks <br /> in Hays County, Texas; however, if the final day of any time period falls on a Saturday, Sunday or legal holiday, <br /> then the final day will be deemed to be the next day that is not a Saturday, Sunday or legal holiday. <br /> Section 18.09 Severability. If any provision of this Agreement is illegal, invalid, or unenforceable under present <br /> or future laws, then, and in that event, it is the intention of the parties that the remainder of this Agreement shall <br /> not be affected. <br /> Section 18.10 Waiver. Any failure by one of the Parties to insist upon strict performance by the other Party of <br /> any material provision of this Agreement shall not be deemed a waiver of such provision or of any other provision <br /> of this Agreement, and such Party shall have the right at any time(s) thereafter to insist upon strict performance <br /> of any and all of the provisions of this Agreement. <br /> Section 18.11 Applicable Law and Venue. THE CONSTRUCTION AND VALIDITY OF THIS <br /> AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS (WITHOUT REGARD <br /> TO CONFLICTS OF LAW PRINCIPLES). Venue for any dispute arising from or related to this Agreement shall <br /> be in a Texas state district court for Hays County as applicable, and shall be in accordance with the Texas Civil <br /> Practice and Remedies Code. <br /> ction 18.12 Further Assurances. Both Parties agree that at any time after execution of this Agreement, they <br /> ,ill, upon request of the other Party, execute and deliver such further documents and do such further acts and <br /> things as may be reasonably necessary or desirable to effectuate the terms of this Agreement. <br /> 42 <br />