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C_ Severability If any -provision of this Agreement is illegal, invalid, or unenforceable, <br />under present or future laws, it is the intention of the Parties that the remainder of <br />this Agreement not be affected, and, in lieu of each illegal, invalid, or <br />unenforceable provision, that a provision be added to this Agreement which is <br />legal, valid, and enforceable and is as similar in terms to the illegal, invalid or <br />enforceable provision as is possible. The Parties agree to reasonably cooperate <br />to effectuate the intent of this Agreement. <br />D. Parties If any of the ownership entities fail or refuse to sign this Agreement or <br />choose to opt out of this Agreement, those entities and their property shall be <br />excluded_ The Conceptual Land ,Plan will be amended to reflect the change and <br />will automatically become part of this Agreement. Further, the county deed <br />records will be amended by the Owner to reflect the change and evidence of the <br />recordation will be provided to the City. <br />E. Notices All notices, demands and requests required hereunder shall be in writing <br />and shall be deemed to have been properly delivered and received (i) as of the <br />date of delivery to the addresses set forth below if personally delivered or delivered <br />by facsimile machine, with confirmation of delivery (in the event a facsimile is sent <br />after 5:00 p.m. local San Marcos, Texas time, it shall be deemed to have been <br />received on the next day), or email (as indicated below); (ii) three (3) business <br />days after deposit in a regularly maintained receptacle for the United States mail, <br />certified mail, return receipt requested and postage prepaid; or (iii) one (1) <br />business day after deposit with Federal Express or comparable overnight delivery <br />system for overnight delivery with all costs prepaid. Ali notices, demands and <br />requests hereunder shall be addressed as follows: <br />If to City: City of San Marcos <br />Attn: City Manager <br />630 East Hopkins Street <br />San Marcos, Texas 78666 <br />With a copy to: <br />City of San Marcos <br />Attn: City Attorney <br />630 East Hopkins Street <br />San Marcos, Tx 78665 <br />If to the Owner:Seymour Dreyfus Family <br />Limited Partnership <br />