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<br />J <br /> <br />I <br /> <br />I <br /> <br />than 30 days after the final completion and acceptance of the Utility Improvements by the City. <br /> <br />3. This Agreement and the provision of utility services through the Utility Improvements are <br />subject to all valid and applicable ordinances, rules, regulations, and laws of all governmental <br />agencies having lawful jurisdiction over them. <br /> <br />4. This Agreement constitutes the entire agreement between the parties hereto and may be <br />amended only by a written document signed by the parties. This Agreement shall be binding upon <br />the successors and assigns of the parties. The assignment of all or part of this Agreement by a party <br />is not valid without the written consent of the other party. <br /> <br />5. Each of the persons executing this Agreement represent that he or she has full power and <br />authority to execute this Agreement on behalf of the party that person represents. <br /> <br />6. This Agreement shall be construed and enforced according to the laws of the State of <br />Texas; and exclusive venue for any legal action arising under this Agreement shall lie in Hays <br />County, Texas. The City's execution of and performance under this agreement will not act as a <br />waiver of any immunity of the City to suit or liability under applicable law. The parties <br />acknowledge that the City, in executing and performing this Agreement, is a governmental entity <br />acting in a governmental capacity. <br /> <br />THE CITY OF SAN MARCOS <br /> <br /> <br />By: <br />Dan O'Leary, ty Manager <br /> <br />DEVELOPER: <br />Elli:jiiS' InC~ _ <br /> <br />By: (FL-- <br />Signature <br /> <br />J~;:it titltft l~ s <br /> <br />U-fve5 <br /> <br />d It t; 1 at{ <br /> <br />Date <br />