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8. Default by Either Party. In the event of default by either the City or the <br />Developer, the nondefaulting party must give to the defaulting party written notice of such <br />default specifying the failure or default relied upon. If the defaulting party fails to fully cure the <br />default specified in such notice within sixty days after receipt of such notice, or such other <br />period of time as the City and the Developer may mutually agree upon, the nondefaulting party <br />shall have the right to terminate this Agreement in full without liability of any kind to the <br />defaulting party, and to thereafter pursue all other legal or equitable remedies, or, the <br />nondefaulting party shall be entitled to a proper writ issued by a court of competent jurisdiction <br />compelling and requiring the defaulting party to observe and perform the covenants, obligations <br />and conditions described in this Agreement. The nondefaulting party may employ attorneys to <br />pursue its legal rights and if it prevails before any court or agency of competent jurisdiction, the <br />defaulting party shall be obligated to pay all expenses incurred by the nondefaulting party, <br />including reasonable attorneys fees. <br />9. Miscellaneous Provisions. <br />a. Actions Performable. The City and Developer agree that all actions to be <br />performed under this Agreement are performable solely in Hays County, Texas. <br />b. Governing Law. The City and Developer agree that this Agreement has <br />been made under the laws of the State of Texas in effect on this date, and that any interpretation <br />of this Agreement at a future date shall be made under the laws of the State of Texas. <br />C. Severability. If a provision hereof shall be finally declared void or illegal <br />by any court or administrative agency having jurisdiction, the entire Agreement shall not be <br />void; but the remaining provisions shall continue in effect as nearly as possible in accordance <br />with the original intent of the parties. <br />d. Complete Agreement. This Agreement represents a complete agreement <br />of the parties and supersedes all prior written and oral matters related to this agreement. Any <br />amendment to this Agreement must be in writing and signed by all parties. <br />e. Exhibits. All exhibits attached to this Agreement are incorporated by <br />reference and expressly made part of this Agreement as if copied verbatim. <br />f. CountyApprovals. The City agrees to cooperate with the Developer in <br />seeking necessary approvals from Hays County, Texas in an expedited manner and agrees to <br />exercise its best efforts to assure that the City and County cooperate with each other in <br />coordinating and expediting the approvals required by the Developer. <br />g. Notice. All notices, requests or other communications required or <br />permitted by this Agreement shall be in writing and shall be sent by (i) telecopy, with the <br />original delivered by hand or overnight carrier; (ii) by overnight courier or hand delivery; or (iii) <br />5 <br />