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a request before the San Marcos City Council to consider approval of an access easement or <br />other mutually agreeable instrument providing access to the Project Site for Developer's benefit. <br />It is understood, that the City Council shall have no obligation to approve any such easement or <br />instrument. If the City Council votes to approve such easement or instrument, the approval will <br />be subject to the approval of the ROW Abandonments under paragraph 2.7. <br />ARTICLE III. MISCELLANEOUS <br />3.1 Notice. Notice under this Agreement shall be deemed sufficient if it is delivered <br />in writing by hand delivery, facsimile, or by U.S. Mail (in which case it shall be deemed <br />delivered three (3) days after it is deposited in the mail) sent to the following individuals at the <br />following locations: <br />For the City: City of San Marcos <br />Attn: City Manager <br />San Marcos, Texas 78666 <br />Fax (512) 393 -8939 <br />For Developer: Casey Development, Ltd. <br />Attn: Christopher C. Harness <br />814 Arion Pkwy, Suite 200 <br />San Antonio, Texas 78216 <br />Fax: (210) 829 -8998 <br />3.2 Compliance with Laws. Each party agrees to comply with all laws, regulations, <br />rules, and ordinances applicable to this Agreement and/or applicable to the parties performing <br />the terms and conditions of this Agreement. <br />3.3 Termination. If any Party identifies a breach of the terms and conditions of this <br />Agreement by the other Party, the non breaching Party shall provide Notice of said breach to the <br />breaching Party. Breaching Party shall be given 30 days to cure said breach. If breaching Party <br />has not cured the default within 30 days of receiving Notice of breach, the non - breaching Party <br />shall have a right to terminate this Agreement by providing written Notice of termination to the <br />breaching Party. Termination shall be the sole and exclusive remedy of a Party under this <br />Agreement. <br />3.4 Force Majeure. Either of the parties to this Agreement shall be excused from any <br />delays and/or failures in the performance of the terms and conditions of this agreement, to the <br />extent that such delays and/or failures result from causes beyond the delaying/failing party's <br />reasonable control, including but not limited to Acts of God, Forces of Nature, Civil Riot or <br />Unrest, and Governmental Action that was unforeseeable by all parties at the time of the <br />execution of this Agreement. Any delaying/failing party shall, with all reasonable diligence, <br />attempt to remedy the cause of delay and/or failure and shall recommence all remaining duties <br />under this Agreement within a reasonable time of such remedy. <br />3.5 Severability. If any Section or provision of this Agreement is held to be invalid or <br />