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<br />2. This Agreement and the provision of utility" services through the Utility Improvements are <br />subject to all valid and applicable ordinances, rules, regulations, and laws of all governmental <br />agencies having lawful jurisdiction over them. <br /> <br />3. This Agreement constitutes the entire agreement between the parties hereto and may be amended <br />only by a written document signed by the parties. This Agreement shall be binding upon the <br />successors and assigns of the parties. The assignment of all or part of this Agreement by a party <br />is not valid without the written consent of the other party. <br /> <br />4. Each of the persons executing this Agreement represent that he or she has full power and <br />authority to execute this Agreement on behalf of the party that person represents. <br /> <br />5. This Agreement shall be construed and enforced according to the laws of the State of Texas; and <br />exclusive venue for any legal action arising under this Agreement shall lie in Hays County, Texas. <br /> <br />THE CITY OF SAN MARCOS <br />. ~ / k- . <br />By. L:~D~'&iif:~~~flnager <br /> <br />DEVELOPER: <br />Capital Foresight, L.P. <br /> <br />Attest: <br /> <br /> <br />By: <br /> <br />Signature <br /> <br />Printed name, title <br /> <br />C:\TEMP\OVERSIZE REIMB-SAN MARCOS OUTLET PARK.DOC <br />