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Section 9.03. Amendments. This Agreement may only be amended, altered, or <br /> terminated by written instrument signed by all parties. <br /> Sec tion 9.04. Assignment. Developer may not assign any of its rights, or delegate or <br /> subcontract any of its duties under this Agreement, in whole or in part, without the prior written <br /> consent of the City. <br /> Section 9.05. Waiver. No term or condition of this Agreement shall be deemed to have <br /> been waived, nor shall there be any estoppel to enforce any provision of this Agreement, except <br /> by written instrument of the party charged with such waiver or estoppel. <br /> Section 9.06. Notices. Any notice, statement and/or communication required and/or <br /> permitted to be delivered hereunder shall be in writing and shall be mailed by first-class mail, <br /> postage prepaid, or delivered by hand, messenger, reputable overnight carrier, or email, and shall <br /> be deemed delivered when received at the addresses of the parties set forth below,or at such other <br /> address furnished in writing to the other Party: <br /> Developer: BRE Group 500 Wonder World 2022 LP. <br /> 708 Jewel Street <br /> Austin, TX 78704 <br /> Telephone: (210) 250-1266 <br /> E-mail: eric@balconesre.com <br /> City: City of San Marcos <br /> 630 E. Hopkins <br /> San Marcos, Texas 78666 <br /> Attn: City Manager <br /> Telephone: 512.393.8101 <br /> E-mail: citymanagerinfo@sanmarcostx.gov <br /> Section 9.07. Applicable Law; Venue for Disputes; Attorney Fees. This Agreement is <br /> made, and shall be construed and interpreted under the laws of the State of Texas. Venue for any <br /> dispute or legal proceedings arising under this Agreement shall lie in state courts having <br /> jurisdiction located in Hays County, Texas. Venue for any matters in federal court will be in the <br /> 12 <br />