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<br />monitor wastewater flows at the lift station, and at such time that the City reasonably determines it <br />will be unable to meet its obligation to provide the Phase II Adjusted Reserved Capacity to SMII, <br />the City will undertake improvements to provide the Phase II Adjusted Reserved Capacity to SMII <br />or refuse requests for wastewater service other than from SMII. The City may provide alternative <br />means for wastewater collection for those requests refused under this paragraph. <br />11. This Agreement and the provision of wastewater service through the Wastewater <br />Improvements are subject to all valid and applicable ordinances, fees (including City wastewater <br />impact fees), rules, regulations, and laws of all governmental agencies having lawful jurisdiction <br />over them. <br /> <br />12. 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 will 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 ofthe other party. <br />13. 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 />14. This Agreement will 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 will lie in Hays <br />County, Texas. <br /> <br />The City of San Marcos, Texas <br /> <br />By: <br /> <br />~ 4tk.i_ <br />. WGilley, City ~ager <br /> <br /> <br /> <br />-4- <br />