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2.07 Governmental Powers; Waiver of!mnmmun�� <br />. <br />|ikaunderstood that boexecution mJthis Agreement the City does not waive orsurrender any ofits <br />governmental powers, immunities or rights. <br />2.08 Governing Law and Venue <br />The City and Owner agree that this Agreement has been nnodm under the lams of the State of <br />Texas in effect on this date, and that any interpretation ofthis Agreement oto future dote shall be <br />made under the laws cfthe State ofTexas. The City and the Owner further agree that all actions to <br />beperformed under this Agreement are performable inHays County, Texas. <br />2.09 Fees <br />If any action at law orin equKx, including on action for declaratory relief, is brought to enforce or <br />interpret the provisions of this Agneennmnt, the prevailing Party ehoU be entitled to recover <br />reasonable attorney's fees from the other Party. The amount of hama recoverable under this <br />paragraph may be amt by the court in the trial of the underlying action or may be enforced in a <br />separate motion brought for that purpoem, and any fees n000wonod shall be in addition to any other <br />relief that may beawarded. <br />2]0 Entire Agreement <br />This Agreement, together with any exhibits attached hereto, constitutes the entire agreement <br />between the Podime and supersedes any prior orcontemporaneous written or oral understandings <br />or representations of the Parties with respect to this Agreement, including superseding the Existing <br />Development Agreement. <br />2.11 Exhibits/Amendment <br />All exhibits attached tothis Agreement are incorporated by reference and expressly made part of <br />this Agreement aeifcopied verbatim. This Agreement may beamended only bxmutual agreement <br />of the Parties and in accordance with the applicable procedures outlined in Section 1.4.2.6(o) the <br />City's LDC. <br />2.12 Severability <br />If any section, subsection, sentence, clause, phrase, paragraph, part or provision of this Agreement <br />be declared by a court of competent jurisdiction to be invalid, illegal, unconstitutional or <br />unenforceable in any respect, such unenforceability, unconstitutionality, illegality or invalidity shall <br />not affect any of the remaining sections, subsections, sentences, clauses, phrases, paragraphs, <br />parts or provisions of this Agreement as a whole, or in any part, since the same would have been <br />enacted by the City Council without the incorporation in this Agreement of any such invalid, illegal, <br />unconstitutional or unenforceable section, subsection, sentence, clause, phrase, paragraph, part or <br />2]3 Interpretation <br />Wherever required by the context, the singular shall include the plural, and the plural shall include <br />the singular. <br />214 Notice <br />Any noticm, request orother communication required or permitted by this Agreement shall be in <br />vvhbng and may be affected by overnight courier orhand de|ivery, or by sending said notice by <br />registered or certified mmai|, postage pnepaid, return receipt requesb*d, and addressed to the Parties <br />as set forth below. Notice shall be deemed given when deposited with the United 8bahao pooba| <br />Service with sufficient postage affixed. <br />Any notice mailed to the City shall be addressed to: <br />Manager <br />CityCity of San Marcos <br />MIYOWM015 <br />8rltl <br />