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12015202 on Jgj 45i <br />default, such Party shall be deemed to have defaulted for all purposes of this Agreement. In the <br />event of a non -cured default, the non - defaulting Party shall have all the rights and remedies <br />available under applicable law, including the right to institute any action at law or in equity to cure <br />any default, to enjoin any threatened or attempted violation of this Agreement, or to enforce the <br />defaulting Party's obligations under this Agreement by specific performance, subject to the <br />limitations under Section 3.15 below. <br />3.15 Governmental Powers; Waiver of Immunity <br />It is understood that by execution of this Agreement the City does not waive or surrender any of its <br />governmental powers, immunities, defenses or rights. <br />3.16 Recordation; Binding on Successors in Interest <br />Pursuant to the requirements of Section 212.172(f) of Chapter 212, this Agreement shall be <br />recorded in the Official Public Records of Hays County, Texas. This Agreement shall be binding <br />upon: (a) the Parties; (b) the Parties' successors and assignees; (c) the Property; and (d) future <br />owners (regardless of whether reference is made only to C &G) of all or any portion of the Property. <br />Notwithstanding the foregoing, however, this Agreement shall not be binding upon, and shall not <br />constitute any encumbrance to title as to, any end -buyer of a fully developed and improved lot <br />within the Property except for land use and development regulations that apply to specific lots. <br />EXECUTED to be effective as of the Effective Date of May 1, 2012 first stated above. <br />[SIGNATURES ON NEXT PAGE] <br />10 <br />