Res 2005-066 - Laserfiche WebLink

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Section 11.03. In the event any section, subsection, paragraph, sentence, phrase or word is held invalid for any reason, the balance of this Agreement will remain in effect and will be read as if the parties intended at all times not to include the invalid section, subsection, paragraph, sentence, phrase or word. This Agreement may be amended only by a written instrument executed by both parties. Section 11.04. This Agreement will be construed under the laws of the State of Texas. The term "will" is mandatory in this Agreement. Mandatory venue for any action under this Agreement will be in the state court of appropriate jurisdiction for the action in Hays County, Texas. This Agreement is performable in Hays County, Texas. The City's execution of and performance under this Agreement will not act as a waiver of any immunity of the City to suit or liability under applicable law. The parties acknowledge that the City, in executing and performing this Agreement, is a governmental entity acting in a governmental capacity. Section 11.05. A copy of this Agreement will be recorded in the official records of Hays County, Texas, by the City. The Developer will be responsible for providing to the Hays County Appraisal District all infonnation necessary to give effect to this Agreement. This Agreement has been executed by the parties in multiple originals or counterparts each having full force and effect. City of San Marcos, Texas STATE OF TEXAS COUNTY OF HAYS This instrument was acknowledged before me on ~ \ 0 , 2005 by Dan O'Leary, known personally by me to be the City M~an er of the C. ity of San Marcos, on behalf ofthe City of San Marcos. ~ . j Notary seal: ~ ~ Notary Public, State of Texas f~t::t:~~\ :*: 'iii''''' ..': '% \. I/>;;,./J ~~~ii.o.~:"::f~::?' l"J/n,,:I~ ~~.?"',~",'~~:':<"-';"<".:',;l.~!,':'ll~':;t.~ KAREN SMITH Not&IY PI.IMc, ~lr, of Texas M\ C-omtn;'3.~'r;}n f.Y;1.!'GS FEBRUNW t\ '2006 6