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Section 10.04. Waiver. No term or condition of this Agreement shall be deemed to have <br />been waived, nor shall there be any estoppel to enforce any provision of this Agreement, except <br />by written instrument of the party charged with such waiver or estoppel. <br />Section 10.05. Notices. Any notice, statement and/or communication required and/or <br />permitted to be delivered hereunder shall be in writing and shall be mailed by first-class mail, <br />postage prepaid, or delivered by hand, messenger, telecopy, or reputable overnight carrier, and <br />shall be deemed delivered when received at the respective address of the recipient Party set forth <br />below, or at such other address furnished in writing to the other Party hereto: <br />Company: Katerra Inc. <br />2494 Sand Hill Rd #100 <br />Menlo Park, CA 94025 <br />Attn: John Somerville <br />Telephone: 469-831-4219 <br />City: City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Attn: City Manager <br />Telephone: (512) 393-8101 <br />Section 10.06. Applicable Law and Venue. This Agreement is made, and shall be <br />construed and interpreted under the laws of the State of Texas. Venue for any legal proceedings <br />shall lie in State courts located in Hays County, Texas. Venue for any matters in federal court will <br />be in the United States District Court for the Western District of Texas. <br />Section 10.07. Severability. In the event any provision of this Agreement is illegal, <br />invalid, or unenforceability under the applicable present or future laws, then, and in that event, it <br />is the intention of the Parties that the remainder of this Agreement shall not be affected thereby, <br />and it is also the intention of the Parties to this Agreement that in lieu of each clause or provision <br />that is found to be illegal, invalid, or unenforceable a provision be added to this Agreement which <br />