Ord 2022-005/Granting the Consent of the city of San Marcos to the creation of Hays County Municipal Utility District No. 8 including approx 567.663 Acreas vicinity of old Bastrop Hwy. Between Redwood Rd and San Marcos River.

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Section 7.01 Notice. Any notice given under this Agreement shall be in writing and may be given: (i) by deposit in the United States mail, certified, return receipt requested, postage prepaid, addressed to the Party to be notified; (ii) by deposit with Federal Express or another nationally recognized courier service guaranteeing "next day delivery", with all charges prepaid, addressed to the Party to be notified; or (iii) by personal delivery to the Party to be notified or any agent of the Party. Notice deposited in the United States mail shall be effective from the earlier of the date of receipt or three (3) days after the date of such deposit. Notice given in any other manner shall be effective on the date delivered, if sent by personal delivery, or the day after deposit with a "next day delivery" service. For the purposes of notice, the addresses of the Parties shall, until changed as provided below, be as follows: Owner: HK Baugh Ranch, LLC 24607 Fairway Springs San Antonio, Texas 78260 Attn: Paul Kuo, Manager With a copy to: Allen Boone Humphries Robinson LLP 1108 Lavaca Street, Suite 510 Austin, Texas 78701 Attn: Mr. Ryan Harper City: City of San Marcos 630 East Hopkins San Marcos, Texas 78666 Attn: City Manager With a copy to: City Attorney, Legal Department 630 East Hopkins San Marcos, Texas 78666 The Parties may change their respective addresses from time to time by giving at least five (5) days' written notice to the other Parties. Owner may, by giving at least five (5) days' written notice to the City, designate additional parties to receive copies of notices under this Agreement. Section 7.02 Severability. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is similar in terms to the illegal, invalid or unenforceable provision as is possible. Section 7.03 Waiver. Any failure by a Party to insist upon strict performance by another Party of any material provision of this Agreement shall not be deemed a waiver thereof or of any other provision, and such Party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. 960913_4