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2.07 Governmental Powers; Waiver ofImmunity
<br />It is understood that by execution of this Agreement the City does not waive or surrender any of its
<br />governmental powers, immunities orrights.
<br />2.08 Governing Law and Venue
<br />The City and Owner agree that this Agreement has been made under the laws of the State of Texas
<br />in effect on this date, and that any interpretation ofthis Agreement at a future date shall be made
<br />under the laws ofthe State ofTexas, The City and the Owner further agree that all actions tobe
<br />performed under this Agreement are performable inHays County, Texas.
<br />2.09 Attorney's Fees
<br />If any action at law or in equity, including an action for declaratory relief, is brought to enforce or
<br />interpret the provisions ofthis Agreement, the prevailing Party shall beentitled torecover reasonable
<br />attorney's fees from the other Party. The amount of fees recoverable under this paragraph may be
<br />set bythe court inthe trial ofthe underlying action ormay beenforced ina separate action brought
<br />for that purpose, and any fees recovered shall be in addition to any other relief that may be awarded.
<br />2.10 Entire Agreement
<br />This Agnsement, together with any exhibits attached heeto, constitutes the entire agreement
<br />between the Parties and supersedes any prior or contemporaneous written or oral understandings or
<br />representations of the Parties with respect to this /\greement, including superseding the Existing
<br />Development Agreement.
<br />2.11 Exhibits/Amendment
<br />All exhibits attached b»this Agreement are incorporated byreference and expressly made part ofthis
<br />Agreement as ifcopied verbatim, This Agreement may beamended only bymutual agreement oy
<br />the Parties and inaccordance with the applicable procedures outlined inSection 1.4,2.8(u)the City's
<br />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 unenforceable
<br />in any respect, such unenforceability, unconstitutionality, illegality or invalidity shall not affect any of
<br />the remaining sections, subsections, sentences, clauses, phrases, paragraphs, parts or provisions of
<br />this Agreement as a whole, or in any part, since the same would have been enacted by the City
<br />Council without the incorporation in this Agreement of any such invalid, illegal, unconstitutional or
<br />unenforceable section, subsection, sentence, clause, phrase, paragraph, part or provision,
<br />2.13 Interpretation
<br />Wherever required by the context, the singular shall include the plural, and the plural shall include
<br />the singular.
<br />2A4 Notice
<br />Any notice, request or other communication required or permitted by this Agreement shall be in writing
<br />and may be affected by overnight courier or hand delivery, or by sending said notice by registered or
<br />certified mail, postage prepaid, return receipt requested, and addressed to the Parties as set forth
<br />below. Notice shall be deemed given when deposited with the United States Postal Service with
<br />sufficient postage affixed.
<br />IR
<br />MHOZINK
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