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of its rights and remedies under the Development Agreement with respect to the Craddock <br />Mixed Use Property to Assignee. <br />10. Defined Terms. All defined terms used herein shall have the meanings ascribed to them in <br />the Development Agreement, unless otherwise defined herein. <br />11. Counter. This Agreement may be executed in several counterparts, each of which <br />shall be deemed an original, but all of which shall constitute one and the same instrument. In <br />addition, this Agreement may contain more than one counterpart of the signature page and this <br />Agreement may be executed by the affixing of the signature of each of the parties to one of such <br />counterpart signature pages and all such counterpart signature pages shall be attached to one <br />Agreement and read having the same force and effect as though all the signatories had signed a <br />single page. <br />12. Governing Law and Venue. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Texas. Venue for any disputes arising under this <br />Agreement shall be in the state court having jurisdiction in Hays County, Texas or, if in federal <br />court, the Unites States District Court for the western District of Texas, Austin Division. <br />13. Attorney's Fees. In any action brought by a Party hereto to enforce the obligations of any <br />other party hereto, the substantially prevailing Party shall be entitled to collect from the opposing <br />party to such action such substantially prevailing Party's reasonable litigation costs and attorney's <br />fees and expenses (including court costs, reasonable fees of accountants and experts, and other <br />expenses incidental to the litigation). <br />14. Recitals. The recitals of fact and intention set forth on the first page of this Agreement are <br />incorporated herein by this reference and are acknowledged by the parties to be true and correct. <br />15. Continuing Effect of Development Agreement. This Agreement applies only to terms and <br />conditions under the Development Agreement related to the Craddock Mixed Use Property and all <br />terms, covenants, conditions and provisions set forth in the Development Agreement, including <br />those related to the Craddock Mixed Use Property, shall remain in full force and effect except as <br />amended by this Agreement. <br />REMAINDER OF PAGE LEFT BLANK INTENTIONALLY. <br />