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or inducements contrary to the terms of this Agreement exist. This Agreement cannot be • <br />changed or terminated orally. No verbal agreement or conversation with any officer, agent, or <br />employee of any party before or after the execution of this Agreement shall affect or modify any <br />of the terms or obligations hereunder. <br />Texas Law. This Agreement has been made under and shall be governed by the laws of the <br />State of Texas. <br />Place of Performance. Performance and all other matters related thereto for Hurst's contracts <br />shall be in Tarrant County, Texas. Performance and all other matters related thereto for San <br />Marcos' contracts shall be in Havs County. Texas. <br />Authority to Enter Contract. Each party has the full power and authority to enter into and <br />perform this Agreement and the person signing this Agreement on behalf of each party has been <br />properly authorized and empowered to enter into ti-is Agreement. The persons executing this <br />Agreement hereby represent that they have authorization to sign on behalf of their respective <br />entities. <br />Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no <br />way constitute a waiver of that provision, nor in any way affect the validity of this Agreement, <br />any part hereof, or the right of either party thereafter to enforce each and every provision hereof. <br />No term of this Agreement shall be deemed waived or breach excused unless the waiver is in <br />writing and signed by the party claiming to have waived. Furthermore, any consent to or waiver <br />of a breach will not constitute consent to or waiver of or excuse of any other different or • <br />subsequent breach. <br />Agreement Read. The parties acknowledge that they have read, understand and intend to be <br />bound by the terms and conditions of this Agreement. <br />Assignment. This Agreement and the rights and obligations contained herein may not be <br />assigned by any party without the prior written approval of the other parties to this Agreement. <br />Multiale Originals. It is understood and agreed that this Agreement may be executed in a <br />number of identical counterparts, each of which shall be deemed an original for all purposes. <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be <br />executed by their authorized officers. <br />CITY OF HURST CITY OF SAN MARCOS <br />~~ <br />By: ~~ ~ ~~!~ - B <br />Y• <br />~ , \ (Signature) ~ - Collette Jamiso ,Interim City Manager <br />Printed Name/Title <br />( ) • <br />Interlocal -Hurst & City of San Marcos 2008 (4) <br />