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2.4 Miscellaneous <br />2.4.1 Entire Agreement; Amendment; Assignment. This Agreement constitutes the <br />entire agreement between the parties hereto and may be amended only by a written document <br />signed by the parties. This Agreement shall be binding upon the successors and assigns of the <br />parties. The assignment of all or part of this Agreement by a party is not valid without the <br />written consent of the other party. <br />2.4.2 Subject to Ordinances and Laws. This Agreement and the obligations of the <br />parties hereunder are subject to all valid and applicable ordinances, fees (including City impact <br />fees and/or pro rata fees), rules, regulations, and laws of all governmental agencies having <br />lawful jurisdiction over them. <br />2.4.3 Applicable Law and Venue. This Agreement shall be governed and construed <br />under and in accordance with the laws of the State of Texas. Jurisdiction and venue for any <br />matter arising out of this Agreement shall be in Hays County, Texas. Jurisdiction and venue <br />in federal court for matters arising out of this Agreement shall be in the United States District <br />Court for the Western District of Texas, Austin Division. <br />2.4.4 Severability. If any the provision of this Agreement is held to be invalid or <br />unenforceable by a court of proper jurisdiction, the holding will not affect any other provisions <br />of this Agreement if the Agreement can be given effect without the invalid provision. The <br />Parties will construe the Agreement as if the invalid or unenforceable provision had not been <br />contained in this Agreement. <br />2.4. S Books and Records. All of the Developer's books and other records related to <br />the design, bidding and construction of the Improvements shall be available for inspection by <br />the City. <br />EXECUTED to be effective as of the Effective Date first written above. <br />CITY: <br />By: <br />Bert tulnh&erasManager <br />DEVELOPER: <br />By: <br />7 <br />Name: 1,>n Sk �. <br />Title: �� ��' CUc �f► �� f)onc,Q, —2 <br />