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The City and Owner agree that this Agreement has been made under the laws of the State of Texas <br />in effect on this date, and that any interpretation of this Agreement at a future date shall be made <br />under the laws of the State of Texas. The City and the Owner further agree that all aobnnm to be <br />performed under this Agreement are performable in Hays County, Texas. <br />2,09 Attorney's Fees <br />If any action at law or in equity, including an action for declaratory relief, is brought to enforce or <br />interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover reasonable <br />attorney's fees from the other Party. The amount nffees recoverable under this paragraph may be <br />set bythe court in the trial of the underlying action or may be enforced in a separate action brought <br />for that purpose, and any fees recovered shall be in addition to any other relief that may be awarded. <br />2.10 Entire Agreement <br />This Agreement, together with any exhibits attached herehz, constitutes the entire agreement <br />between the Parties and supersedes any prior or contemporaneous wr�tten or oral understandings or <br />representations of the Parties with respect to this Agreement, including superseding the Existing <br />Development Agreement. <br />2.11 Exhibits/Amendment <br />All exhibits attached tothis Agreement are incorporated byreference and expressly madepertofthis <br />Agreement as if copied verbatim. This Agreement may be amended only by mutual agreement of <br />the Parties and in accordance with the applicable procedures outlined in Section 1,4.2.6(c) the City's <br />2.12 Severability <br />If any section, subsection, sentence, clause, phrase, paragraph, part or provision of this Agreement <br />be declared by a court of competentjurisdiction to be invalid, illegal, unconstitutional or unenforceable <br />in any naopeot, such unenforceability, unconstitutionality, illegality nrinvalidity shall not affect any of <br />the remaining sections, subsections, aentenoee, c|muses, phrases, paragraphs, parts orprovisions nf <br />this Agreement as o vvho|e, or in any part, since the same would have been enacted by the City <br />Council without the incorporation in this Agreement of any such invalid, iUega|, unconstitutional or <br />unenforceable sen§on, oubpeotion, oantenoe, o|oume, phnase, paragraph, part or provision. <br />2.13 Interpretation <br />Wherever required by the context, the singular uheU include the plural, and the p|uns| shall include <br />the singular. <br />2.14 Notice <br />Any notice, request or other communication required or permitted by this Agreement shall be in writing <br />and may be affected by overnight courier or hand delivery, or by sending said notice by registered or <br />certified mai|, postage pnepa|d, return receipt requested, and addressed to the Parties as set forth <br />below. Notice shall be deemed given when deposited with the United States Postal Geo/ice with <br />auffioientpostageaffixed. <br />Any notice mailed to the City shall be addressed to: <br />City Manage <br />City uƒSan Marcos <br />63OE.Hopkins Street <br />San Marcos, Texas 78666 <br />Any notice mailed tothe County shall beaddressed to� <br />Director ofDevelopment Services <br />Hays County <br />2171YorringtomRoad <br />[5 <br />2696351.1 <br />