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22. MISCELLANEOUS <br />22.1. Any waiver by a Party of its rights hereunder shall not be considered a waiver with <br />respect to any subsequent default or matter, nor shall any usage of trade, course of <br />dealing, practice or performance, or failure to strictly enforce any terms, right, <br />obligation or provision of this Agreement by any Party be construed as a continuing <br />waiver of any provisions hereunder, unless such waiver is expressed in writing and <br />signed by the Parties. <br />22.2. THE VALIDITY, INTERPRETATION, AND PERFORMANCE OF THIS <br />AGREEMENT AND EACH OF ITS PROVISIONS SHALL BE GOVERNED BY <br />THE APPLICABLE LAWS OF THE STATE OF TEXAS. <br />22.3. Nothing in this Agreement shall be construed as creating in any third party a <br />contractual right or benefit. <br />22.4. In computing any time period prescribed or allowed by this Agreement, the day of the <br />act or event from which the designated time period begins to run shall be excluded, <br />but the last day of such period shall be included, unless it is a Saturday, Sunday, or <br />legal holiday, in which event the period shall run until the end of the next business day <br />following such Saturday, Sunday, or legal holiday. <br />22.5. This Agreement constitutes the entire agreement between LCRA and Customer <br />regarding the matters covered herein and supersedes all prior written and oral <br />understandings in connection therewith. <br />22.6. All notices, demands, requests, approvals or other communications that may be or are <br />required under this Agreement shall be in writing and shall be mailed by first - class, <br />registered, or certified or express mail, return receipt requested, postage prepaid, or <br />sent by comparable delivery service, or transmitted by facsimile or electronic means if <br />a copy of such correspondence is also sent by mail or comparable delivery service. A <br />facsimile or electronic message received after 5:00 P.M. local time at the office of the <br />addressed recipient will be deemed to have been received on the next business day. In <br />the case of Customer, notice shall be provided to: <br />City of San Marcos <br />630 East Hopkins Street <br />San Marcos, TX 78666 <br />In the case of LCRA, notice shall be provided to: <br />Lower Colorado River Authority <br />P.O. Box 220 <br />Austin, TX 78767 <br />Attention: General Manager <br />Phone: 512- 473 -3283 <br />Fax: 512 -473 -6915 <br />