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<br />remedy. If the party elects to terminate the Agreement, then neither party will have any further rights <br />or obligations. <br /> <br />8. General Provisions <br /> <br />8.01. Assignment. Except as set forth in the following sentence, neither party may assign any of its <br />duties or obligations under this Agreement without the written consent of the other. Notwithstanding <br />the foregoing, Owner may assign its right, title and interest under this Agreement to TSUS in <br />connection with the proposed sale and conveyance of the Owner Tracts by Owner to TSUS, provided <br />that TSUS assumes the duties and obligations of Owner hereunder. <br /> <br />8.02. Choice of Law and Venue. The parties will construe this Agreement under the laws of the <br />State of Texas and will perform all oftheir obligations in Hays County, Texas. The term "will" is <br />mandatory in this Agreement. <br /> <br />8.03. Binding Agreement. This Agreement will be binding upon the parties and their respective legal <br />representatives, successors, and assigns. <br /> <br />8.04 Severability. If any the provision ofthis Agreement is held to be invalid or unenforceable by <br />a court of proper jurisdiction, the holding will not affect any other provisions of this Agreement if <br />the Agreement can be given effect without the invalid provision. The parties will construe the <br />Agreement as if the invalid or unenforceable provision had not been contained in this Agreement. <br /> <br />8.05. Only Agreement. This Agreement, once signed, will constitute the only agreement of the <br />parties regarding this subject and it supersedes any prior understandings or written instruments <br />signed by representatives of either party. <br /> <br />8.06. Notice in Writing. Any notice required or permitted to be given by one party to the other will <br />be in writing and the same will be deemed to have been served and given if: <br /> <br />1. delivered in person to the respective address specified below; <br /> <br />2. delivered in person at the Closing (if the party is present); <br /> <br />3. placed in the United States Mail to the respective address below, certified mail, return <br />receipt requested, postage prepaid. <br /> <br />The address of the City for all purposes under this Agreement and for all notices will be: <br /> <br />City Manager <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br /> <br />The address of Owner for all purposes under this Agreement and for all notices will be: <br /> <br />6 <br />