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any action concerning this Agreement shall be in the District Courts of Hays County, Texas. <br />10. The Partnership may not assign, transfer or otherwise convey any of its rights or <br />obligations under this Agreement to any other person or entity without the prior consent of City, <br />which consent shall not be unreasonably withheld, conditioned on (i) the prior approval of the <br />assignee or successor and a finding by City that the proposed assignee or successor is financially <br />capable of meeting the terms and conditions of this Agreement and (ii) prior execution by the <br />proposed assignee or successor of a written agreement with City under which the proposed <br />assignee or successor agrees to assume and be bound by all covenants and obligations of the <br />Partnership under this Agreement. Any attempted assignment without City's prior consent shall <br />constitute grounds for termination of this Agreement and following ten (10) calendar days of <br />receipt of written notice from City to the Partnership. <br />11. This Agreement constitutes the entire understanding between the parties and <br />supersedes any prior negotiations, discussions, agreements, and understandings between the <br />parties with respect to the subject matter of this Agreement. <br />12. This Agreement shall continue for a term concurrent with the Exemption of the <br />Property. Notwithstanding anything herein to the contrary, at such time as the Property no longer <br />receives an exemption from ad valorem taxes, this Agreement shall automatically terminate, and <br />be of no further force and effect. <br />13. This Agreement may be simultaneously executed in multiple counterparts, which, <br />taken together, shall be considered as original, and all of which constitute one and the same <br />instrument. <br />Executed to be effective as of the date first set forth above. <br />CITY OF SAN MARC®S: MISSI®N DG, LTD: <br />By: Cisneros Miramontes DG, LLC, <br />By: <br />Name: <br />Title:° <br />its general partner <br />