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6. Notices <br /> Once LCRA executes the sale or purchase of RECs to a third party,which shall be on <br /> a commercially reasonable basis, LCRA will advise San Marcos. <br /> LCRA Contact: San Marcos Contact: <br /> Lorey Helford Tyler J. Hjorth <br /> Energy Analyst Director,Utilities <br /> (512)578-7760 (512)393-8309 <br /> Lorey.Helford@lcra.org THiorth@saiiiiiarcostx.gov <br /> 7. Dispute Resolution <br /> Any disputes arising between San Marcos and LCRA shall be resolved pursuant to good <br /> faith efforts by such disputing parties. The parties shall first attempt to resolve the dispute by <br /> means of negotiations between employees of each party who possess full authority to resolve <br /> said dispute. In event of litigation or arbitration,the prevailing party shall be entitled to recover <br /> from the other Party reasonable legal fees and other expenses incurred in connection with such <br /> litigation. <br /> 8. Miscellaneous. <br /> (a) Governing Law. This Agreement shall be governed by the laws of the State of <br /> Texas. Venue will be in Travis County District Court. <br /> (b) Waiver of Jury Trial. EACH PARTY KNOWINGLY, VOLUNTARILY, <br /> INTENTIONALLY AND IRREVOCABLY WAIVES THE RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY <br /> LITIGATION BASED ON THIS AGREEMENT, OR ARISING OUT OF,UNDER OR IN CONNECTION WITH <br /> THIS AGREEMENT AND ANY AGREEMENT EXECUTED OR CONTEMPLATED TO BE EXECUTED IN <br /> CONJUNCTION WITH THIS AGREEMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, <br /> STATEMENTS(WHETHER VERBAL OR WRITTEN)OR ACTIONS OF ANY PARTY. THIS PROVISION IS <br /> A MATERIAL INDUCEMENT TO EACH OF THE PARTIES FOR ENTERING INTO THIS AGREEMENT. <br /> EACH PARTY HEREBY WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION, PROCEEDING OR <br /> COUNTERCLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY OTHER <br /> AGREEMENT EXECUTED OR CONTEMPLATED TO BE EXECUTED IN CONJUNCTION WITH THIS <br /> AGREEMENT,OR ANY MATTER ARISING HEREUNDER OR THEREUNDER,WITH ANY PROCEEDING IN <br /> WHICH A JURY TRIAL HAS NOT OR CANNOT BE WAIVED. <br /> (c) Headings and Rules of Interpretation. Section headings are for convenience <br /> only and shall not affect the interpretation of this Agreement. References to sections are,unless <br /> the context otherwise requires,references to sections of this Agreement. The words "hereto", <br /> "hereof" and "hereunder" shall refer to this Agreement as a whole and not to any particular <br /> provision of this Agreement. The term "person" shall include individuals; partnerships; <br /> corporate bodies (including but not limited to corporations, limited partnerships and limited <br /> liability companies); non-profit corporations or associations; governmental bodies and <br /> agencies; and regulated utilities. The word"including"shall be deemed to be followed by the <br /> words "without limitation". In the event of any conflict between the text of this Agreement <br /> and the contents of an Exhibit hereto,the text of this Agreement shall govern. <br /> 3 <br />