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8. Default by Either Party. In the event of default by either the City or the <br /> Developer, the nondefaulting party must give to the defaulting party written notice of such <br /> default specifying the failure or default relied upon. If the defaulting parry fails to fully cure the <br /> default specified in such notice within sixty days after receipt of such notice, or such other <br /> period of time as the City and the Developer may mutually agree upon, the nondefaulting party <br /> shall have the right to terminate this Agreement in full without liability of any kind to the <br /> defaulting party, and to thereafter pursue all other legal or equitable remedies, or, the <br /> nondefaulting party shall be entitled to a proper writ issued by a court of competent jurisdiction <br /> compelling and requiring the defaulting party to observe and perform the covenants, obligations <br /> and conditions described in this Agreement. The nondefaulting parry may employ attorneys to <br /> pursue its legal rights and if it prevails before any court or agency of competent jurisdiction, the <br /> defaulting party shall be obligated to pay all expenses incurred by the nondefaulting party, <br /> including reasonable attorneys fees. <br /> 9. Miscellaneous Provisions. <br /> a. Actions Performable. The City and Developer agree that all actions to be <br /> performed under this Agreement are performable solely in Hays County, Texas. <br /> b. Governing Law. The City and Developer agree that this Agreement has <br /> been made under the laws of the State of Texas in effect on this date, and that any interpretation of <br /> this Agreement at a future date shall be made under the laws of the State of Texas. <br /> C. Severability. If a provision hereof shall be finally declared void or illegal <br /> by any court or administrative agency having jurisdiction, the entire Agreement shall not be <br /> void; but the remaining provisions shall continue in effect as nearly as possible in accordance <br /> with the original intent of the parties. <br /> d. Complete Agreement. This Agreement represents a complete agreement <br /> of the parties and supersedes all prior written and oral matters related to this agreement. Any <br /> amendment to this Agreement must be in writing and signed by all parties. <br /> e. Exhibits. All exhibits attached to this Agreement are incorporated by <br /> reference and expressly made part of this Agreement as if copied verbatim. <br /> f. County Approvals. The City agrees to cooperate with the Developer in <br /> seeking necessary approvals from Hays County, Texas in an expedited manner and agrees to <br /> exercise its best efforts to assure that the City and County cooperate with each other in <br /> coordinating and expediting the approvals required by the Developer. <br /> g. Notice. All notices, requests or other communications required or <br /> permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the <br /> original delivered by hand or overnight carrier; (ii) by overnight courier or hand delivery; or (iii) <br /> 5 <br />