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which is legal, valid, and enforceable and is as similar in terms to the illegal, <br />invalid or enforceable provision as is possible. <br />Parties If any of the ownership entities fail or refuse to sign this Agreement or <br />choose to opt out of this Agreement, those entities and their property shall be <br />excluded. The Conceptual Land Plan will be amended to reflect the change and <br />will automatically become part of this Agreement. Further, the county deed <br />records will be amended by the Owners to reflect the change and evidence of the <br />recordation will be provided to the City. <br />Notices All notices, demands and requests required hereunder shall be in writing <br />and shall be deemed to have been properly delivered and received (i) as of the <br />date of delivery to the addresses set forth below if personally delivered or <br />delivered by facsimile machine, with confirmation of delivery (in the event a <br />facsimile is sent after 5:00 p.m. local San Marcos, Texas time, it shall be deemed <br />to have been received on the next day), or email (as indicated below); (ii) three <br />(3) business days after deposit in a regularly maintained receptacle for the United <br />States mail, certified mail, return receipt requested and postage prepaid; or (iii) <br />one (1) business day after deposit with Federal Express or comparable overnight <br />delivery system for overnight delivery with all costs prepaid. All notices, demands <br />and requests hereunder shall be addressed as follows: <br />If to City: City of San Marcos <br />Attn: City Manager <br />630 East Hopkins Street <br />San Marcos, Texas 78666 <br />With a copy to: <br />City Attorney <br />630 East Hopkins Street <br />San Marcos, Tx 78666 <br />If to the Owners: LaSalle Holdings Ltd. <br />Attn: Mike Schroeder <br />110 San Antonio Street <br />#3111 <br />Austin, TX 78701 <br />TACK Development <br />Attn: Tim Timmerman <br />Any party may change the address for notice to it by giving notice of such <br />13 <br />