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i <br /> Austin, Texas 78701 <br /> Attn: Mr. Ryan Harper <br /> City: City of San Marcos <br /> 630 East Hopkins <br /> San Marcos,Texas 78666 <br /> Attn: City Manager <br /> With_a copy to: City Attorney,Legal Department <br /> 630 East Hopkins <br /> San Marcos,Texas 78666 <br /> The Parties may change their respective addresses from time to time by giving at least <br /> five (5) days' written notice to the other Parties. Owners and Developer may, by giving <br /> at least five (5) days' written notice to the City, designate additional parties to receive <br /> copies of notices under this Agreement. <br /> Section 11.04No Ioint Venture. The terms of this Agreement are not intended to and <br /> shall not be deemed to create any partnership or joint venture among the City, Owners <br /> and the Developer. <br /> Section 11.05 Severabili . If any provision of this Agreement is illegal, invalid, or <br /> unenforceable, under present or future laws, it is the intention of the Parties that the <br /> remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or <br /> unenforceable provision, that a provision be added to this Agreement which is legal, <br /> valid, and enforceable and is similar in terms to the illegal, invalid or unenforceable <br /> provision as is possible. <br /> Section 11.06Waiver. Any failure by a Party to insist upon strict performance by another <br /> Party of any material provision of this Agreement shall not be deemed a waiver thereof <br /> or of any other provision, and such Party may at any time thereafter insist upon strict <br /> performance of any and all of the provisions of this Agreement. <br /> Section 11.07Further Assurances. The Parties agree that at any time after execution of <br /> this Agreement,they will,upon request of another Party,execute and deliver such further <br /> documents and do such further acts and things as may be reasonably necessary or <br /> desirable to effectuate the terms of this Agreement. <br /> Section 11.08 Reservation of Rights and Claims. Owners and Developer do not, by <br /> entering into this Agreement, waive any rights arising under Chapter 245 of the Texas <br /> Local Government Code. <br /> Section 11.09A2plicable Law and Venue. THE CONSTRUCTION AND VALIDITY <br /> 20 <br /> 960915_5 <br />