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<br />I <br /> <br />phrase or word. This Agreement may be amended only by a written instrument executed by both <br />parties. <br /> <br />Section 11.05. This Agreement will be construed under the laws ofthe State of Texas. The <br />term "will" is mandatory in this Agreement. Mandatory venue for any action under this Agreement <br />will be in the state court of appropriate jurisdiction for the action in Hays County, Texas. This <br />Agreement is performable in Hays County, Texas. The City's execution of and performance under <br />this Agreement will not act as a waiver of any immunity of the City to suit or liability under <br />applicable law. The parties acknowledge that the City, in executing and performing this Agreement, <br />is a governmental entity acting in a governmental capacity. <br />Section 11.06. A copy of this Agreement will be recorded in the official records of Hays <br />County, Texas, by the City. The Association will be responsible for providing to the Hays County <br />Appraisal District all information necessary to give effect to this Agreement. <br />This Agreement has been executed by the parties in multiple originals or counterparts each <br />having full force and effect. <br /> <br />I <br /> <br />CITY OF SAN MARCOS, TEXAS <br /> <br />By: <br />Dan O'Leary, ity Manager <br /> <br /> <br />STATE OF TEXAS <br /> <br />COUNTY OF HAYS ~' /Y\ () ^ " <br /> <br />This instrument was acknowledged before me on'-irtJrJ jJ(JfI. [;{}~, 200~y Dan <br />O'Leary, known personally by me to be the City Manager of t CIty of San Marcos, on behalf of the <br />City of San Marcos. ,('" r <br /> <br />Not <br /> <br />e.~ <br />. . i <br />. ~~i <br />ll~~~ ~ <br /> <br />/ <br /> <br /> <br />'- <br /> <br />SHELLEY GOODWIN <br />MY COMMISSION EXPIRES <br />October 26, 2009 <br /> <br />I <br /> <br /> <br />7 <br />