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<br />I <br /> <br />I <br /> <br />I <br /> <br />Section 11.03. In the event any sectIOn, subsectIOn, paragraph, sentence, phrase or word IS <br />held mvahd for any reason, the balance of thIS Agreement wIll remam m effect and wIll be read as If <br />the partIes mtended at all tImes not to mclude the mvahd sectIOn, subsectIOn, paragraph, sentence, <br />phrase or word. ThIS Agreement may be amended only by a wntten mstrument executed by both <br />partIes. <br /> <br />Section 11.04. ThIS Agreement wIll be construed under the laws ofthe State of Texas. The <br />term "wIll" IS mandatory m thIS Agreement. Mandatory venue for any actIOn under thIS Agreement <br />wIll be m the state court of appropnate JunsdIctIOn for the actIOn m Hays County, Texas. ThIS <br />Agreement IS performable m Hays County, Texas. The CIty'S executIOn of and performance under <br />thIS Agreement wIll not act as a Waiver of any Immumty of the CIty to SUIt or habIlIty under <br />apphcable law The partIes acknowledge that the CIty, m executmg and performmg thIS Agreement, <br />IS a governmental entIty actmg m a governmental capaCIty <br />Section 11.05. A copy of thIS Agreement wIll be recorded m the offiCial records of Hays <br />County, Texas, by the CIty SMVP wIll be responsible for provIdmg to the Hays County Appraisal <br />DIstnct all mformatIOn necessary to gIve effect to thIS Agreement. <br />ThIS Agreement has been executed by the partIes m multIple ongmals or counterparts each <br />havmg full force and effect. <br /> <br />CITY OF SAN MARCOS, TEXAS <br /> <br /> <br />By' <br />Dan O'Leary, CIt <br /> <br />STATE OF TEXAS <br /> <br />COUNTY OF HAYS <br /> <br />ThIS mstrument was acknowledged before me on 11. Gl r c1 () , 20.!5 by Dan <br />O'Leary, known personally by me to be the CIty Mager of the CIty San Marcos, on behalf ofthe <br />CIty of San Marcos. <br /> <br />Notary seal <br /> <br /> <br />exas <br /> <br />~,'.III1.., <br />","'~r:It'I~"" <br />/i~..r'; ......~.~ <br />~* f ~*~ <br />\~.;;;....~y/ <br />'.I"",,,,!!:,,,,,,,.., <br /> <br />KAREN SMITH <br />Notary ?'JrAic. Ststo 01 Texas <br />My CMlmlsslon ExpIItiS <br />FEBRUARY 6, 2006 <br /> <br />6 <br />