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conduct of the Consultant, its officers, agents or employees in the performance of this Agreement. 15. NOTICES: Any notice or approval required or pennitted under this Agreement will be given in v.rriting and sent by certified mail, return receipt requested. postage prepaid, to the address specified below or to any other address that may be later designated in writing by prior notice. Any notice sent pursuant hereto will be deemed to have been received three (3) days after the date of its posting. If to Client: If to Consultant: City of San Marcos Interactive Software, Inc. 630 E Hopkins St. 14114 Dallas Parkway, Suite 575 San Marcos, TX 78666 Dallas, Texas 75240 Attn: Larry Gilley Attn. Rickey Wynn 16. ASSIGNMENT: Consultant may not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder without Client's prior approval. Client may not assign this Agreement unless without Consultant's prior approval. 17. WAIVERS: No delay or failure by any party hereto in exercising or enforcing any of its rights or remedies hereunder and no course of deal ing or performance with respect thereto will constitute a waiver thereof. All rights and remedies will be cwnulative and not exclusive of any other rights or remedies. 18, AMENDMENTS: No amendment or modification of this Agreement wi] be effective unless made in v.rriting and signed by both parties hereto. 19. SEVERABILITY: If any provision of this Agreement is held invalid. illegal or unenforceable in any jurisdiction, for any reason, then. to the full extent permitted by law (a) all other provisions hereof will remain in tun force and effect in such jurisdiction and will be liberally construed in order to cany out the intent of the parties hereto as nearly as may be possible and (b) any court having jurisdiction theretor will have the power to reform such provision to the extent necessary for such provision to be enforceable under applicable law. This agreement is governed by the laws of the State of Texas. 20. ENTIRE AGREEMENT: This Agreement, along with the bid document from the office of The City of San Marcos Bid #98-051, the response from the Consultant to Bid #98-051, and the Exhibits constitute the complete and entire Agreement between Consultant and Client with respect to the subject matter hereof and all prior or contemporaneous oral or written communications, understandings or agreements betWeen Consultant and Client with respect to such subject matter are hereby superseded in their entireties. ----------~