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2.4 Miscellaneous <br />2.4.1 Entire Agreement; Amendment; Assignment. This Agreement constitutes <br />the entire agreement between the parties hereto and may be amended only by a written <br />document signed by the parties. This Agreement shall be binding upon the successors and <br />assigns of the parties. The assignment of all or part of this Agreement by a party is not <br />valid without the written consent of the other party. <br />2.4.2 Subject to Ordinances and Laws. This Agreement and the obligations of <br />the parties hereunder are subject to all valid and applicable ordinances, fees (including City <br />impact fees and/or pro rata fees), rules, regulations, and laws of all governmental agencies <br />having lawful jurisdiction over them. <br />2.4.3 Applicable Law and Venue. This Agreement shall be governed and <br />construed under and in accordance with the laws of the State of Texas. Jurisdiction and <br />venue for any matter arising out of this Agreement shall be in Hays County, Texas. <br />Jurisdiction and venue in federal court for matters arising out of this Agreement shall be in <br />the United States District 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 <br />provisions of this Agreement if the Agreement can be given effect without the invalid <br />provision. The Parties will construe the Agreement as if the invalid or unenforceable <br />provision had not been contained in this Agreement. <br />2.4. S Books and Records. All of the Developer's books and other records related <br />to the design, bidding and construction of the Improvements shall be available for <br />inspection by the City. <br />EXECUTED to be effective as of the Effective Date first written above. <br />CITY: <br />City of San Marcos, Lemuel Allen Jr. <br />a Texas municipal corporation, <br />By. <br />77 I •:1 <br />Bert ,mbreras, CI y Manager Lemuel Allen <br />Jr..., <br />9 <br />