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<br />Section 5. Miscellaneous Provisions. <br /> <br />A. This Agreement is governed by the law of the State of Texas. Exclusive <br />venue for any dispute arising under this agreement is in Hays County, Texas. <br />B. All references in this Agreement to any particular gender are for convenience <br />only and will be construed and interpreted to be of the appropriate gender. The term <br />"will" is mandatory in this Agreement. <br />C. If any provision in this Agreement is found or deemed to be invalid, this <br />Agreement will be construed as not containing the provision, and all other provisions <br />which are otherwise lawful will remain in full force and effect. <br />D. This Agreement does not confer any rights upon any third parties. <br />E. This agreement supersedes all prior negotiations and representations between <br />the parties on the matters covered by it. This Agreement may be amended only by written <br />instrument signed by both the City and the Guarantor. <br />F. Any exhibits and/or attachments attached to this Agreement are incorporated <br />by reference into this Agreement as though included verbatim herein. <br />G. In the event of any conflict between this Agreement and the provisions of any <br />exhibit or attachment to this Agreement, the terms of this Agreement will govern and <br />control. <br /> <br />H. Notices given under this agreement may be delivered by mail, in person, or by <br /> <br />confirmed fax. The addresses of the parties for notice purposes are as follows: <br /> <br />City Manager <br />City of San Marcos <br />630 E. Hopkins Street <br />San Marcos, TX 78666 <br />Fax: 396-4656 <br /> <br />Jeff Jorgensen <br />Hays County Animal Hospital <br />323 W. Hopkins Street <br />San Marcos, TX 78666 <br />Fax: 512-392-6439 <br /> <br />J. The effective date of this Agreement is August I, 2001. <br /> <br />Jorgensen settlement K.doc <br /> <br />3 <br />