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following by certified mail or confirmed facsimile transmission: <br />Chuck Nash <br />Chuck Nash Auto Group <br />1035 SH 123 <br />San Marcos, TX 78666 <br />Facsimile: (512) 396-7900 <br />City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, Texas 78666 <br />Fax: (512) 396-4656 <br />Each party will notify the other party in writing of any change in information required for notice <br />under this paragraph. <br />Section 5.03. Applicable Law and Venue. This Agreement will be construed under the <br />laws of the State of Texas. This Agreement is performable in Hays County, Texas. Mandatory <br />venue for any action under this Agreement will be in the state court of appropriate jurisdiction <br />for the action in Hays County, Texas. Mandatory venue for any matters in federal court will be <br />in the United States District Court for the Western District of Texas. <br />Section 5.04. Assignment. Developer may not assign any of its rights, or delegate or <br />subcontract any of its duties under this Agreement, in whole or in part, without the prior written <br />consent of the City. <br />Section 5.05. Severability. If any provision of this Agreement is held to be illegal, <br />invalid or unenforceable under present or future laws effective while this Agreement is in effect, <br />such provision shall be automatically deleted from this Agreement and the legality, validity and <br />enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in <br />lieu of such deleted provision, there shall be added as part of this Agreement a provision that is <br />legal, valid and enforceable and that is as similar as possible in terms and substance as possible <br />to the deleted provision. <br />Section 5.06. Sole Agreement. This Agreement constitutes the sole and only <br />Agreement of the Parties hereto respecting the subject matter covered by this Agreement, and <br />7