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claims, demands, and causes of action were caused in whole or in part by the <br /> negligence of the City, any other party released hereunder, or Owner. <br /> 2.3.6 Exclusions. Subject to any warranties and maintenance <br /> obligations under applicable ordinances of the City, Owner's indemnity and <br /> release obligations set forth in sections 2.3.2 through 2.3.5 shall not extend to <br /> claims, losses, damages, demands, causes of action, suits or liabilities caused <br /> by or otherwise arising out of the City's operation and/or maintenance of the <br /> Public Improvements following City's acceptance of the Public <br /> Improvements. <br /> 2.4 Miscellaneous <br /> 2.4.1 Entire Agreement; Amendment; Assignment. This Agreement <br /> constitutes the entire agreement between the parties hereto and may be amended <br /> only by a written document signed by the parties. This Agreement shall be <br /> binding upon the successors and assigns of the parties.—The assignment of all or <br /> part of this Agreement by a party is not valid without the written consent of the <br /> other party. <br /> 2.4.2 Subject to Ordinances and Laws. This Agreement and the <br /> obligations of the parties hereunder are subject to all valid and applicable <br /> ordinances, fees (including City impact fees and/or pro rata fees), rules, <br /> regulations, and laws of all governmental agencies having lawful jurisdiction over <br /> them. <br /> 2.4.3 Applicable Law and Venue. This Agreement shall be governed <br /> and construed under and in accordance with the laws of the State of Texas. <br /> Jurisdiction and venue for any matter arising out of this Agreement shall be in <br /> Hays County, Texas. Jurisdiction and venue in federal court for matters arising <br /> out of this Agreement shall be in the United States District Court for the Western <br /> District of Texas, Austin Division. <br /> EXECUTED to be effective as of the Effective Date first written above. <br /> CITY OF SAN MARCOS: LAZY OAKS RANCH, LP <br /> a Texas limited partnership <br /> By: ,; By: Lazy Oaks GP, LLC <br /> Collette Jamison, j terim City Manager a Texas limited liability company, its <br /> general pa r <br /> By: <br /> V' <br /> Y <br /> Bryan . Lee, Manger <br />