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postage prepaid, or delivered by hand, messenger, telecopy, or reputable overnight carrier, and <br />shall be deemed delivered when received at the addresses of the parties set forth below, or at <br />such other address furnished in writing to the other parties thereto: <br />PrimeForm: PrimeForm Building Systems, LLC <br />Attn: Paul Brown, President <br />1015 Central Parkway North, Suite 150 <br />San Antonio, TX 78232 <br />Telephone: (512) 637 -1200 ext. 108 <br />Facsimile: (512) 615 -3999 <br />City: City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Attn: City Manager <br />Telephone: (512) 393 -8101 <br />Facsimile: (512) 396 -4656 <br />Section 9.06. Applicable Law and Venue. This Agreement is made, and shall be <br />construed and interpreted under the laws of the State of Texas. Venue for any legal proceedings <br />shall lie in State courts located in Hays County, Texas. Venue for any matters in federal court <br />will be in the United States District Court for the Western District of Texas. <br />Section 9.07. Severability. In the event any provision of this Agreement is illegal, <br />invalid, or unenforceability under the applicable present or future laws, then, and in that event, it <br />is the intention of the Parties that the remainder of this Agreement shall not be affected thereby, <br />and it is also the intention of the parties to this Agreement that in lieu of each clause or provision <br />that is found to be illegal, invalid, or unenforceable a provision be added to this Agreement <br />which is legal, valid and enforceability and is a similar in terms as possible to the provision <br />found to be illegal, invalid or unenforceable. <br />Section 9.08. Third Parties. The City and PrimeForm intend that this Agreement shall <br />not benefit or create any right or cause of action in or on behalf of any third -party beneficiary, or <br />