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2) Capitalized Terms. All capitalized terms in this Amendment shall have the same <br /> meanings as in the Agreement unless expressly provided otherwise herein. <br /> 3) Section 2.06 (c) of the Agreement is deleted in its entirety and replaced with: <br /> "c. The District has not created a Sub-District within sixty (60) months of the <br /> confirmation election of the District; or" <br /> 4) Ratification of Agreement/Conflict. All terms and conditions of the Agreement are <br /> hereby ratified and affirmed, as modified by this Amendment. To the extent there is <br /> any inconsistency between the Agreement and this Amendment, the provisions of this <br /> Amendment shall control. <br /> 5) No Waiver. Neither City's, Owners',nor District's execution of this Amendment shall <br /> (a) constitute a waiver of any of its rights and remedies under the Agreement or at law <br /> with respect to the other party's obligations under the Agreement or (b) be construed <br /> as a bar to any subsequent enforcement of any of its rights or remedies against the other <br /> party. <br /> 6) Governing Law. This Amendment shall be construed and enforced in accordance with <br /> the laws of the State of Texas. <br /> 7) Entire Agreement. The parties hereto agree and understand that no oral agreements, or <br /> understandings, shall be binding, unless reduced to a writing which is signed by said <br /> parties. The parties hereto agree and understand that this Amendment shall be binding <br /> on them, their personal representatives, heirs, successors, and assigns. <br /> 8) Counterparts. This Amendment may be executed in multiple counterparts, each of <br /> which will be deemed an original, and all of which will constitute one and the same <br /> agreement. <br />