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the Public Improvements.As applicable,the City hereby agrees to transfer such portion <br /> of the Special Assessment Revenues to the Trustee under the applicable Indenture. <br /> 11.No Waiver. Nothing in this Reimbursement Agreement is intended to constitute a <br /> waiver by the City of any remedy the City may otherwise have outside this <br /> Reimbursement Agreement against any person or entity involved in the design, <br /> construction,or installation of the Public Improvements. <br /> 12. Governing Law, Venue. This Reimbursement Agreement is being executed and <br /> delivered, and is intended to be performed in the State of Texas. Except to the extent <br /> that the laws of the United States may apply to the terms hereof,the substantive laws <br /> of the State of Texas shall govern the validity, construction, enforcement, and <br /> interpretation of this Reimbursement Agreement. In the event of a dispute involving <br /> this Reimbursement Agreement, venue for such dispute shall lie in any court of <br /> competent jurisdiction in San Marcos,Texas. <br /> 13.Notice. Any notice required or contemplated by this Reimbursement Agreement shall <br /> be deemed given at the addresses shown below: (i) when delivered by a national <br /> company such as FedEx or UPS with evidence of delivery signed by any person at the <br /> delivery address regardless of whether such person was the named addressee;or(ii)24 <br /> hours after the notice was deposited with the United States Postal Service, Certified <br /> Mail, Return Receipt Requested. Any Party may change its address by delivering <br /> written notice of such change in accordance with this section. <br /> If to City: City of San Marcos <br /> Attn: Chief Financial Officer <br /> 630 East Hopkins <br /> San Marcos,TX 78666 <br /> Facsimile: 512-396-2683 <br /> If to Owner: Highpointe Trace,LLC <br /> Attn.: Timothy D. England <br /> 2 Venture Suite 350 <br /> Irvine,California 92618 <br /> Facsimile: 949-472-0198 <br /> With a copy to: <br /> Metcalfe Wolff Stuart&Williams, LLP <br /> Attn: Steven C. Metcalfe <br /> 221 W. 6th, Suite 1300 <br /> Austin,Texas 78701 <br /> Facsimile: 512.404.2244 <br /> 14. Invalid Provisions. If any provision of this Reimbursement Agreement is held invalid <br /> by any court,such holding shall not affect the validity of the remaining provisions,and <br /> the remainder of this Reimbursement Agreement shall remain in full force and effect. <br />