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Res 2003-019
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Res 2003-019
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Last modified
11/6/2003 3:08:44 PM
Creation date
9/8/2003 2:48:12 PM
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City Clerk
City Clerk - Document
Resolutions
City Clerk - Type
Amendment
Number
2003-19
Date
1/27/2003
Volume Book
151
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10. <br /> <br />I1. <br /> <br />12. <br /> <br />i3. <br /> <br />14. <br /> <br />15. <br /> <br />NOTICES. Except as otherwise expressly provided in this Contract, any notice or <br />communication under this Contract will be deemed to be delivered, whether actually received <br />or not, when either hand delivered, or deposited in the United States mail, postage fully <br />prepaid, registered or certified mail, and addressed to the intended recipient at the address <br />set forth below: <br /> <br />Buyer: <br /> <br />City Manager <br />City of San Marcos <br />630 East Hopkins <br />San Marcos, TX 78666 <br /> <br />Seller: <br /> <br />Alan Holt <br />11204 Pinehurst Drive <br />Austin, TX 78747 <br /> <br />Notice sent in any other way will be deemed delivered when and if actually 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 pm'ties <br />and cannot be amended except by a ~witten document signed by the parties. The pm'ties <br />agree that there are no oral agreements, understandings, representations or warranties which <br />are not 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 enforce 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. The term "will" in this Contract <br />is mandatory. Pronoun references to a particular gender or to singular/plural parties will be <br />interpreted in the appropriate gender and number. The titles of paragraphs are for <br />convenience only and do not affect the meaning of this Contract. <br /> <br />PARTIAL INVALIDITY. In case any provision of this Contract is held to be invalid, <br />illegal, or unenforceable by a court of competent jurisdiction, the invalidity, illegality, or <br />unenforceability will not affect any other provision, and this Contract will be construed as <br />if the invalid, illegal, or unenforceable provision had never been included in this Contract. <br /> <br />4 <br /> <br /> <br />
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