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If to Developer:
<br /> Buc-ee's San Marcos,LLC
<br /> 327 FM 2004
<br /> Lake Jackson,Texas 77566
<br /> With Copy to:
<br /> Buc-ee's,Ltd
<br /> Attn: Legal Department
<br /> 327 FM 2004
<br /> Lake Jackson,TX 77566
<br /> or such other address or addresses which any Party may be notified in writing by any other Party to this
<br /> Agreement.
<br /> Such notice shall be deemed to have been served (a) four (4) business days after the date such notice is
<br /> deposited and stamped by the U.S. Postal Service, except when lost, destroyed, improperly addressed or
<br /> delayed by the U.S. Postal Service, or (b) upon receipt in the event of personal service, or (c) the first
<br /> business day after the date of deposit with an overnight courier, except when lost,destroyed or improperly
<br /> addressed; provided, however, that should such notice pertain to the change of address to either of the
<br /> Parties hereto, such notice shall be deemed to have been served upon receipt thereof by the Party to whom
<br /> such notice is given.
<br /> 8.13 Force Maieure. In the event any party is rendered unable, wholly or in part, by force
<br /> majeure to carry out any of its obligations under this Agreement, it is agreed that on such party's giving
<br /> notice and full particulars of such force majeure in writing to the other party as soon as possible after the
<br /> occurrence of the cause relied upon,then the obligations of the party giving such notice, to the extent it is
<br /> affected by force majeure and to the extent that due diligence is being used to resume performance at the
<br /> earliest practicable time,shall be suspended during the continuance of any inability but for no longer period.
<br /> Such cause shall as far as possible be remedied with all reasonable dispatch.
<br /> a. The term "force majeure" as used herein, shall include, but not be limited to,
<br /> pandemics, acts of God,strikes,lockouts or other industrial disturbances,acts of the public enemy,
<br /> war, blockades, insurrections, riots, epidemics, landslides, lightening, earthquakes, fires, storms,
<br /> floods,washouts,droughts,tornadoes,hurricanes,arrests and restraints of governments and people,
<br /> explosions, breakage or damage to machines or pipelines and any other inabilities of either party,
<br /> whether similar to those enumerated or otherwise and not within the control of the parties claiming
<br /> such inability,which by the exercise of due diligence and care such party could not have avoided
<br /> ("Force Majeure").
<br /> 8.14 Governing Law and Venue. This Agreement and the relationship between the Parties
<br /> shall be governed by the laws of the State of Texas, and venue for any action pertaining to this Agreement
<br /> shall be in the State District Court of Hays County, Texas. The parties agree to submit to the personal and
<br /> subject matter jurisdiction of the said Court.
<br /> 8.15 Appointment of Representatives. To further the commitment of the Parties to cooperate
<br /> in the implementation of this Agreement,the Parties shall designate and appoint a representative to act as
<br /> a liaison between the Parties. The initial representative for the City shall be the City Manager or his
<br /> designee ("City Representative"), and the initial representative for Developer shall be Stan Beard
<br /> ("Developer Representative"). The representatives shall be available at all reasonable times and places to
<br /> discuss and review the performance of the Parties to this Agreement and the development of the Property.
<br /> Economic Development Agreement
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