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void, the other Sections and provisions of this Agreement shall remain in full force and effect to <br />the greatest extent as is possible, and all remaining Sections or provisions of this Agreement <br />shall be construed so that they are as consistent with the parties' intents as possible. <br />3.6 Multiple Counterparts. This Agreement may be executed in several counterparts, <br />all of which taken together shall constitute one single Agreement between the parties. <br />3.7 Section Headinus: Exhibits. The Section and Subsection headings used herein <br />shall not enter in the interpretation hereof. The Exhibit(s) that may be referred to herein and may <br />be attached hereto, are incorporated herein to the same extent as if set forth in full herein. <br />3.8 Waiver by Party. Unless otherwise provided in writing by the waiving party, a <br />waiver by either of the parties to this Agreement of any covenant, term, condition, agreement, <br />right, or duty that arises under this Agreement shall be considered a one -time waiver and shall <br />not be construed to be a waiver of any succeeding breach thereof or any other covenant, term, <br />condition, agreement, right, or duty that arises under this Agreement. <br />3.9 Governina Law and Venue. This Agreement shall be governed by and construed <br />in accordance with the laws of the State of Texas. Any lawsuit, claim, or action, whether in law <br />or in equity, arising from this Agreement will be brought in Hays County, Texas. <br />3.10 Assigran ent Neither party to this Agreement may assign its duties, rights, and/or <br />obligations under this Agreement, in whole or in part, without the other party's prior written <br />consent thereto. <br />3.11 Binding Effect, Subject to any provisions hereof restricting assignment, this <br />Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their <br />respective successors, permitted assigns, heirs, executors, and/or administrators. <br />3.12 Entire Agreement; Amendment. This Agreement (including any and all Exhibits <br />attached hereto) constitutes the entire agreement between the parties hereto with respect to the <br />subject matter hereof. <br />EXECUTED to be effective as of December 14, 2011. <br />CITY: DEVELOPER: <br />CJ <br />By: By: <br />James R. Nuse, P.E., City Manager Christ er C. Harness, <br />Managing Director <br />