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or unconstitutional for any reason, the remainder of this Agreement and the application of such <br /> word,phrase,clause, sentence,paragraph, section,or other part of this Agreement to other persons <br /> or circumstances shall be not be affected thereby. <br /> 10.04. Effective Date. The Effective Date of this Agreement is the defined date set forth in the <br /> first paragraph. <br /> 10.05. Texas Law and Venue. This Agreement shall be governed by and construed in accordance <br /> with the laws of the State of Texas and shall be performable in Hays County, Texas. Venue shall <br /> lie exclusively in the State District Courts of Hays County, Texas. <br /> 10.06. Timely Performance. It is acknowledged and agreed by the Parties that time is of the <br /> essence in the performance of this Agreement. <br /> 10.07. Exhibits. The following Exhibits to this Agreement are incorporated herein by reference <br /> for all purposes: <br /> Exhibit A Property <br /> [Signature pages follow] <br /> SETTLEMENT AGREEMENT PAGE 8 <br />