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the consequences of such breach. Any costs and expenses of any such proceeding, including <br />reasonable attorney's fees, shall be paid by the Owner or Owners in breach. <br />4. No Waiver. The failure of the City or Owner to avail itself of any of the privileges, <br />rights, covenants, agreements, terms and conditions of this Agreement for any period of time or at <br />any time shall not be construed or deemed to be a waiver thereof, and nothing herein contained, <br />nor anything done or omitted to be done by the City or Owner pursuant hereto, shall be deemed a <br />waiver by the other of any of its rights and remedies hereunder or under the laws of the State of <br />Texas. The enforcement of any right or remedy hereunder by the City, either prior to, <br />simultaneously with, or subsequent to any other action taken hereunder, shall not be deemed an <br />election of remedies. <br />5. Modification. This Agreement may not be modified or amended unless such <br />modification or amendment has been reduced to writing and signed by all of the then -existing <br />owners of the Property or portions thereof, approved and signed by the City and has been recorded <br />in the Official Public Records of Caldwell County, Texas. <br />6. BindingEffect. ffect. The obligations created hereunder shall create mutual benefits and <br />servitudes running with the land. This Agreement shall bind and inure to the benefit of the parties <br />hereto and their respective successors, heirs and assigns. <br />7. Entire Agreement. This Agreement constitutes the entire agreement between the <br />parties hereto concerning the subject matter hereof, and no party has relied upon any statement, <br />promise or representation not herein expressed. <br />8. Partial Invalidity. If any provision of this Agreement shall be or become invalid, <br />illegal or unenforceable in any respect under any applicable law, the validity, legality and <br />enforceability of the remaining provisions shall not be affected or impaired thereby. <br />9. Venue. Venue for any dispute arising under this Agreement shall be in the state <br />courts in Caldwell County, Texas having appropriate jurisdiction, or if in federal court, the United <br />States District Court for the Western District of Texas, Austin Division. <br />EXECUTED as of the date first written above. <br />[SIGNATURES ON FOLLOWING PAGE] <br />