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<br />Draft 3-7-02 <br /> <br />sent to the Comal County District Attorney's Office at the following <br /> <br />address: <br /> <br />Hon. Dib Waltrip (or his sUccessors in office) <br />Comal County Courthouse Annex <br />150 N. Seguin Street, Suite 307 <br />New Braunfels, Texas 78130-5191 <br /> <br />(d) To be effective, a copy of any notice sent to the CITY shall be sent to <br /> <br />the San Marcos City Attorney at the following address: <br /> <br />Mark B. Taylor (or his successors in office) <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, TX 78666 <br /> <br />(e) When notices sent pursuant to this Agreement are mailed by registered <br /> <br />or certified mail, notice shall be deemed effective three (3) days after <br /> <br />deposit in a U.S. mail box or at a U.S post office. <br /> <br />D. Severability: If any provision of this Agreement is found to be inval id, <br /> <br />illegal, or unenforceable, such invalidity, illegality, or unenforceability shall <br /> <br />not affect the remaining provisions of this Agreement. <br /> <br />E. Breach: The failure of either party to comply with the terms and <br /> <br />conditions of this Agreement shall constitute a breach of this Agreement. <br /> <br />Either party shall be entitled to any and all rights and remedies allowed under <br /> <br />Texas law for any breach of this Agreement by the other party. <br /> <br />F. Non-Waiver: The waiver by either party ofa breach of this Agreement <br /> <br />shall not constitute a continuing waiver of such breach or of a subsequent <br /> <br />breach of the same or a different provision. Nothing in this Agreement is <br /> <br />intended by either party to constitute a waiver of any immunity from suit or <br /> <br />8 <br />