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1 <br />invalid, illegal or unenforceable clause or provision was never contained herein; it is also the intention of <br />the Parties hereto that in lieu of each clause or provision of this Agreement that is invalid, illegal, or <br />unenforceable, there be added as a part of the Agreement a clause or provision as similar in terms to <br />such invalid, illegal or unenforceable clause or provision as may be possible, legal, valid and enforceable. <br />Section 9.03 - Jurisdiction and Venue. The Parties agree that any dispute arising out of or relating to this <br />Agreement shall be brought before the courts having jurisdiction over Hays County, Texas, each Party <br />waiving any contest to jurisdiction or venue in such courts. <br />Section 9.04 - Waiver. Waiver of any breach of any provision of this Agreement shall not constitute or <br />operate as a waiver of any other breach of such provision or of any other provision, unless such a waiver <br />expressly is executed by all Parties in writing. <br />Section 9.05 - Notices. All notices, demands, or requests from one party to another shall be in writing <br />and shall be personally delivered, sent by mail, certified, registered, express or overnight, postage <br />prepaid, or sent by facsimile transmission, to the addresses stated in this Section, or to such other <br />address as the party may request in writing, and are deemed to have been given at the time of delivery. <br />City of San Marcos: <br />Attn: James R. Nuse, P.E. <br />City Manager <br />630 E. Hopkins Street <br />San Marcos, TX 78666 <br />With a copy to: <br />Michael Cosentino <br />City Attorney <br />630 E. Hopkins Street <br />San Marcos, TX 78666 <br />City of Kyle. <br />Attn: Lanny Lambert <br />City Manager <br />100 West Center Street <br />Kyle, TX 78640 <br />(PO Box 40) <br />512 - 262 -1010 <br />Texas State University —San Marcos: <br />Attn: William A. Nance <br />Vice President for Finance and Support Services <br />601 University Drive <br />San Marcos, TX 78666 <br />512 - 245 -2244 <br />4 <br />