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valid, and enforceable and is similar in terms to the illegal, invalid or unenforceable <br /> provision as is possible. <br /> Section 11.06 Waiver. 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 11.07 Further 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 11.09Applicable Law and Venue. The construction and validity of this <br /> Agreement shall be governed by the laws of the State of Texas. Venue will be in a court <br /> of appropriate jurisdiction in the Hays County, Texas. <br /> Section 11.10 Attorneys' Fees and Court Costs. In the event that any matter relating to <br /> this Agreement results in the institution of legal proceedings by any Party to this <br /> Agreement, the prevailing Party in such proceeding shall be entitled to recover all costs <br /> and expenses incurred by it in connection with such proceedings, including, without <br /> limitation, reasonable court costs and attorneys' fees. <br /> Section 11.11 Entire Agreement. This Agreement,including all attachments and exhibits <br /> hereto, contains the entire agreement of the Parties. With the exception of the Consent <br /> Agreements, Strategic Partnership Agreements, and Utility Agreements, there are no <br /> other agreements or promises, oral or written, among the Parties regarding the subject <br /> matter of this Agreement. This Agreement and the agreements between the Parties <br /> referenced in this Agreement supersede all prior agreements between the Parties <br /> concerning the subject matter of this Agreement. <br /> Section 11.12 Recitals, Exhibits, Headings, Construction, and Counterparts. The <br /> recitals and all schedules and exhibits referenced in or attached to this Agreement are <br /> incorporated into and made a part of this Agreement for all purposes. The paragraph <br /> headings contained in this Agreement are for convenience only and do not enlarge or <br /> limit the scope or meaning of the paragraphs. Wherever appropriate, words of the <br /> masculine gender may include the feminine or neuter, and the singular may include the <br /> plural, and vice-versa. The Parties acknowledge that each of them has been actively and <br /> equally involved in the negotiation of this Agreement. Accordingly, the rule of <br /> 24 <br />