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<br /> and all claims for payment by A YS's employees, subcontractors or material suppliers <br /> related to the Contract. The CITY shall not pay any such claims, but instead shall refer <br /> same in writing to A YS's attorney, William T. Peckham, at 1104 Nueces Street, Suite 104, <br /> Austin, Texas 78701-2128, in which event AYS shall defend and handle those claims, and <br /> if judicially ordered to do so, or if the claims are settled between the third party and AYS, <br /> pay the amount ordered by the Court or agreed to in the settlement. <br /> 8. This agreement, and the documents referenced herein, are the total and <br /> complete expression by the parties of their agreement and settlement of the subject <br /> described herein and in the referenced litigation. No oral agreements have been made <br /> by the parties, and any prior and contemporaneous oral agreements between A YS and <br /> CITY on any aspect of this agreement are hereby declared null and void and are of no <br /> further force and effect. <br /> 9. This agreement was drafted based on the input of attorneys for both A YS and <br /> CITY, and there shall be no application of the presumption against the draftsperson in the <br /> interpretation of this agreement. <br /> 10. This agreement, and the obligations set forth herein, is performable in San <br /> Marcos, Hays County, Texas. This agreement and attendant documents shall be <br /> interpreted in accordance with, and governed by, the laws of the State of Texas. <br /> Executed on this ;) ",ð..day of Þ ~ü-~ ,1997. <br /> <br /> By: <br /> THE CITY OF SAN MARCOS, TEXAS <br /> By: ~AA~ <br /> L ry D. illey, Ci~anager <br /> cja\c:\susan\sanmar\compset.agr 6 <br />