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causes of action, suits and liabilities of every kind, including all expenses of <br /> litigation, court costs and attorney's fees, for injury or death of any person, <br /> for damage to any property, or for any breach of contract, arising out of or <br /> in connection with the work done under this Agreement. <br /> 11.Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, <br /> or unenforceable by a court or other tribunal of competent jurisdiction, the <br /> validity, legality and enforceability of the remaining provisions shall not in any <br /> way be affected or impaired thereby. The parties shall use their best efforts to <br /> replace the respective provision or provisions of this Agreement with legal terms <br /> and conditions approximating the original intent of the parties. <br /> 12.Written Notice. Unless otherwise specified, written notice shall be deemed to <br /> have been duly served if delivered in person or sent by certified mail to the last <br /> business address as listed herein. <br /> City of San Marcos: Finance Department/Purchasing Division <br /> City of San Marcos <br /> 630 E. Hopkins <br /> San Marcos,Texas 78666 <br /> City of Frisco: Purchasing Department <br /> City of Frisco <br /> 6010 Frisco Square Boulevard, 1St Floor <br /> Frisco,Texas 75034 <br /> 13. Entire Agreement. It is understood that this Agreement contains the entire <br /> agreement between the parties and supersedes any and all prior agreements, <br /> arrangements, or understandings between the parties relating to the subject matter. <br /> No oral understandings, statements, promises, or inducements contrary to the <br /> terms of this Agreement exist. This Agreement cannot be changed or terminated <br /> orally. No verbal agreement or conversation with any officer, agent, or employee <br /> of any party before or after the execution of this Agreement shall affect or modify <br /> any of the terms or obligations hereunder. <br /> 14.Amendment. No Amendment to this Agreement shall be effective and binding <br /> unless and until it is reduced to writing and signed by duly authorized <br /> representatives of both parties. <br /> 15. Texas Law. This Agreement has been made under and shall be governed by the <br /> laws of the State of Texas. <br /> 16. Place of Performance. Performance and all matters related thereto shall be in <br /> Hays County,Texas, United States of America. <br /> -3 - <br />