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<br />-4- <br /> <br />11. ATTORNEY'S FEES. Any party to this Contract who is the prevailing party in any legal <br />proceeding to enforce the terms of this Contract will be entitled to recover court costs and <br />reasonable attorney fees from the non-prevailing party. <br /> <br />12. NOTICES. Except as otherwise expressly provided in this Contract, any notice or <br />communication under this Contract will be deemed to be delivered, whether actually received <br />or not, when either band delivered, or deposited in the United States mail, postage fully <br />prepaid, registered or cenitied mail, and addressed to the intended recipient at the address set <br />forth below: <br /> <br />Buyer: <br /> <br />Dan O'Leary, City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, TX 78666 <br /> <br />Seller: <br /> <br />James K. Wise <br />102 Suttles <br />San Marcos, TX 78666 <br /> <br />Notice sent in any other way will be deemed delivered when and if actually received. A party <br />that changes its address will give prompt written notice of the change to the other party. <br /> <br />13. INTEGRATION. This Contract contains the complete agreement betWeen the parties and <br />cannot be amended except by a written document signed by the parties. The parties agree <br />that there are no oral agreements, understandings, representations or warranties which are not <br />expressly set forth in this Contract. <br /> <br />14. BINDING EFFECT. This Contract will be binding upon, and inure to the benefit of, the <br />parties and their respective heirs, successors, legal representatives and assigns. <br /> <br />15. ASSIGNMENT: WAIVER. Neither party may assign this Contract without the written <br />consent of the other party. The failure of a party to insist upon strict compliance with this <br />Contract by the other party on one or more occasions will not constitute a waiver of the right <br />to thereafter enforce such compliance. <br /> <br />16. CONSTRUCTIO~ This Contract will be construed under the laws of the State of Texas, <br />and mandatory venue for any legal action under this Contract is in Hays County, Texas. The <br />term ''will'' in this Contract is mandatory. Pronoun references to a particular gender or to <br />singular/plural parties will be interpreted in the appropriate gender and number. The titles of <br />paragraphs are for convenience only and do not affect the meaning of this Contract. <br /> <br />17. PARTIAL lNV~T.mTIY. In case any provision of this Contract is held to be invalid, <br />illegal, or unenforceable by a coun of competent jurisdiction, the invalidity, illegality, or <br />