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5.4 Severabilitv: In the event any one or more of the provisions contained in this Agreement <br />shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, <br />illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be <br />construed as if such invalid, illegal, or unenforceable provision had never been contained in this <br />Agreement. <br />5.5 Governing Law: The validity of this Agreement and any of its terms and provisions as <br />well as the rights and duties of the parties shall be governed by the laws of the State of Texas; <br />and venue for any action concerning this Agreement shall be in the appropriate State District <br />Court of Texas. <br />5.6 Entire Agreement: This Agreement represents the entire agreement among the parties <br />with respect to the subject matter covered by this Agreement. There is no other collateral, oral or <br />written agreement between the parties that in any manner relates to the subject matter of this <br />Agreement. <br />5.7 Recitals: The recitals to this Agreement are incorporated herein. <br />5.8 Counterparts: This Agreement may be executed in any number of counterparts, each of <br />whom shall be deemed an original and constitute one and the same instrument. <br />EXECUTED this , day of <br />ATTEST: <br />A-- -- <br />Jamie L Pettijo , V \0 <br />City Clerk) <br />2011. <br />J <br />CITY OF SAN MARCOS <br />By: <br />kaes Nuse, P.E., City Manager <br />APPR E TO FORM: <br />City Attorri Office <br />EXECUTED this g day of <br />I Approved f)l LA 1I <br />ReSOl iOCl #r—M l� <br />2011. <br />CITY OF, RVING, TEXAS <br />By: <br />ayor <br />Page 4 <br />