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<br />workmanship in the Improvements, executed by the Developer or the Developer's contractor. <br /> <br />5. The Developer agrees to complete the Improvements no later than December 31,2005. <br /> <br />6. This Agreement and the provision of utility services through the Improvements are subject to all <br />valid and applicable ordinances, rules, regulations, and laws of all governmental agencies having lawful <br />jurisdiction over them. <br /> <br />7. This Agreement constitutes the entire agreement between the parties hereto and may be amended <br />only by a written document signed by the parties. This Agreement shall be binding upon the successors and <br />assigns of the parties. The ,assignment. of all or part of this Agreement by a party is not valid without the <br />written consent of the other party. <br /> <br />8. Each of the persons executing this Agreement represent that he· or she has fun power and authority <br />to execute this Agreement on behalf of the party that person represents. <br /> <br />9. This Agreement shall be construed and enforced according to the laws of the State of Texas; and <br />exclusive venue for any legal action arising under this Agreement shan lie in Hays County,· Texas.. The City's <br />execution of and performance under this agreement will not act as a waiver of any immunity of the City to suit <br />or liability under applicable law. The parties acknowledge that the City, in executing and performing this <br />Agreement, is a governmental entity acting in a governmental capacity. <br /> <br />THE CITY OF SAN MARCOS <br /> <br />. ~ ~) <br />By: J..)"" V' / <br />Dan O'Leary,'ity Manager <br /> <br />DEVELOPER: <br />Fairfield San Marcos Exchange III, Ltd. <br /> <br />By: <br /> <br />Signature <br /> <br />Printed name, title <br /> <br />Date <br />