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11. <br /> <br />12. <br /> <br />13. <br /> <br />14. <br /> <br />15. <br /> <br />16. <br /> <br />Buyer: <br /> <br />City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, TX 78666 <br />ATTN: Sahas Avila, P.E. <br /> <br />Seller: <br /> <br />Michael D. Hugman <br />707 Dale Street <br />San Marcos, Texas 78666-2301 <br /> <br />Notice sent in any other way will be deemed delivered when and [factually received. A party <br />that changes its address will give prompt written notice of the change to the other party. <br /> <br />INTEGRATION. This Contract contains the complete agreement between the parties and <br />cannot be amended except by a written document signed by the parties. The parties agree <br />that there are no oral agreements, understandings, representations or warranties which are not <br />expressly set forth in this Contract. <br /> <br />BINDING EFFECT. This Contract will be binding upon, and inure to the benefit of, the <br />parties and their respective heirs, successors, legal representatives and assigns. <br /> <br />ASSIGNMENT; WAIVER. Neither party may assign this Contract without the written <br />consent of the other party. The failure of a party to insist upon strict compliance with this <br />Contract by the other party on one or more occasions will not constitute a waiver of the right <br />to thereafter enfome such compliance. <br /> <br />CONSTRUCTION. This Contract will be construed under the laws of the State of Texas, <br />and mandatory venue for any legal action under this Contract is in Hays County, Texas. The <br />rule of construction that ambiguities in a document will be construed against the party who <br />drafted it will not be applied in interpreting this Contract. Pronoun references to a particular <br />gender or to singular/plural parties will be interpreted in the appropriate gender and number. <br />The titles of paragraphs are for convenience only and do not affect the meaning of this <br />Contract. <br /> <br />PARTIAL INVALIDITY. In case any provision of this Contract is held to be invalid, illegal, <br />or unenforceable by a court of competent jurisdiction, the invalidity, illegality, or <br />unenfomeability will not affect any other provision, and this Contract will be construed as if <br />the invalid, illegal, or unenforceable provision had never been included in this Contract. <br /> <br />TIME. Time is of the essence. <br /> <br />4 <br /> <br /> <br />