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Section 23.03. Any failure of City to enforce any of the terms or conditions of this Agreement on <br />one or more occasions will not constitute a waiver or relinquishment of the City's right to strictly <br />enforce all terms and condition of this Agreement. <br />Section 23.04. This Agreement is the entire agreement between the parties on the subjects covered <br />by it, and it supersedes all previous negotiations or agreements, whether written or oral, between the <br />City and the Licensee for placement and maintenance of the Licensee's Facilities on Poles. <br />Section 23.05. If any provision of this Agreement is held invalid by a court of competent <br />jurisdiction, and the invalidity does not materially alter the essence of the Agreement to either party, <br />this Agreement will continue in effect without the invalid provision. <br />Section 23.06. This Agreement will be governed by the laws of the State of Texas. Exclusive venue <br />for any legal action brought under this Agreement will be in Hays County, Texas. <br />Section 23.07. The Recitals and all appendices to this Agreement are incorporated into and constitute <br />part of this Agreement. <br />The parties execute this Agreement in duplicate originals. <br />Attest: <br />Attest: <br />gn ure <br />Printed Name & Title <br />City of San Marcos, Texas <br />By: <br />J es R. Nuse, P.E., City Manager <br />ATC Outdoor DAS, LLC <br />B <br />Gerard Amsztein, <br />SVP Managed Networks <br />23 <br />CADocuments and Settings \tamara.slade \Local Settings \Temporary Internet Files \Content.Outlook \F3JWG5DH \San Marcos <br />PAA FINAL CLEAN 10 17 201 Ldocx <br />