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<br />10.5 Notice. Any notice or other communication required or permitted by this <br />Agreement is effective when in writing and (a) personally delivered either by facsimile (with <br />electronic information and a mailed copy to follow) or by hand or (b) three (3) days after notice <br />is deposited with the u.s. Postal Service, postage prepaid, certified with return receipt requested, <br />and addressed as follows: <br /> <br />If to Harris: <br /> <br />Harris Hill Road, Inc. <br />C/O Autostrada, Lotus of Austin <br />4108 N. Lamar <br />Austin, TX 78756 <br /> <br />With copy to: <br /> <br />Phillip H. Schmandt <br />McGinnis, Lochridge & Kilgore, L.L.P. <br />919 Congress Avenue, Suite 1300 <br />Austin, TX 78701 <br />512.495.6087 - Phone <br />512.505.6387 - Fax <br /> <br />If to City: <br /> <br />City Manager <br />City of San Marcos <br />630 East Hopkins Street <br />San Marcos, TX 78666 <br /> <br />10.6 Change of Address for Notice. The parties may, from time to time, change their <br />respective addresses, listed above to any other location in the United States for the purpose of <br />notice under this Agreement. A party's change of address shall be effective when notice of the <br />change is provided to the other party in accordance with the provisions of Section 10.5, above. <br /> <br />10.7 Severability. If any part, term or provision of this Agreement is held by the courts <br />to be illegal, invalid or otherwise unenforceable, such illegality, invalidity or unenforceability <br />shall not affect the validity of any other party, term or provision and the rights of the parties will <br />be construed as if the part, term or provision was never part of this Agreement. <br /> <br />10.8 Personal Jurisdiction and Venue, Personal jurisdiction and venue for any civil <br />action commenced by any party to this Agreement, whether arising out of or relation to the <br />Agreement will be deemed to be proper only if such action is commended in District Court for <br />Hays County, Texas or the Unites States District Court for the Western District of Texas, Austin <br />Division. The City waives the defense of sovereign immunity in the event of a dispute arising <br />out of or relating to this Agreement. <br /> <br />10.9 Captions Immaterial. The number, order and captions or headings of the Sections <br />of this Agreement are for convenience only and shall not be considered in construing this <br />Agreement. <br /> <br />5 <br /> <br />Execution Version: 082306 <br />