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<br />I <br /> <br />I <br /> <br />I <br /> <br />3. <br /> <br />This Agreement constitutes the entire agreement between the parties. This Agreement may <br />be amended only by an instrument in writing signed by all parties. This Agreement shall <br />apply to and be binding upon the parties, and upon their respective successors in interest and <br />legal representatives, unless otherwise expressly provided in this Agreement. <br />The captions used in this Agreement are for convenience only and do not in any way limit or <br />amplify the terms and provisions of this Agreement. <br />One or more waivers of any covenant, term or condition of this Agreement by any party shall <br />not be deemed as a waiver by that party as to any subsequent similar act or omission. <br />Whenever a period oftime is prescribed for action to be taken by TEJAS, any delays due to <br />strikes, riots, acts of God, shortages of labor or materials, war, governmental laws, <br />regulations or restrictions or any other causes beyond the reasonable control ofTEJAS shall <br />be excluded from the computation of any such period of time. <br />This Agreement shall not be construed as creating the relationship of princIpal and agent or <br />of partnership or of joint venture between the partIes. <br />The parties agree that the laws of the State of Texas shall govern this Agreement and that <br />exclusive venue for enforcement of this Agreement shall lie in Hays County, Texas. <br />Wherever any notice is required or permitted under this Agreement, the notice shall be in <br />writing and sent by certified mail, return receipt requested, addressed to the respective party <br />at the following addresses. A party that changes its address will provide the other parties <br />with advance written notice of the change. <br /> <br />4. <br /> <br />5. <br /> <br />6. <br /> <br />7. <br /> <br />8. <br /> <br />9. <br /> <br />Hearn: <br />Hearn Aviation Inc. <br />2101 N. Mays <br />Round Rock, Texas 78664 <br /> <br />TEJAS: <br />TEJAS AeroServices, L.P. <br />5012 McIntyre Circle <br />Austin, Texas 78734 <br /> <br />City: <br />City of San Marcos <br />630 E. Hopkins <br />San Marcos, TX 78666 <br /> <br /> <br />TEJAS AeroServices, L.P. <br /> <br />By://-/F?o~--- <br />Stgr!ature <br />oJ. /}'). VA-^' S'IC/LLff/lJ /22~s- <br />Printed Name/Title <br /> <br />City of San Marcos <br /> <br /> <br />By: <br />Dan O'Leary, Cit Manager <br /> <br />5 <br />