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2.08 Governing Law and Venue <br />The City and Owner agree that this Agreement has been made under the laws of the State of <br />Texas in effect on this date, and that any interpretation of this Agreement at a future date shall be <br />made under the laws of the State of Texas. The City and the Owner further agree that all actions to <br />be performed under this Agreement are performable in Hays County, Texas. <br />2.09 Attorney's Fees <br />If any action at law or in equity, including an action for declaratory relief, is brought to enforce or <br />interpret the provisions of this Agreement, the prevailing Party shall be entitled to recover <br />reasonable attorney's fees from the other Party. The amount of fees recoverable under this <br />paragraph may be set by the court in the trial of the underlying action or may be enforced in a <br />separate action brought for that purpose, and any fees recovered shall be in addition to any other <br />relief that may be awarded. <br />2.10 Entire Agreement <br />This Agreement, together with any -exhibits attached hereto, constitutes the entire agreement <br />between the Parties and supersedes any prior or contemporaneous written or oral understandings <br />or representations of the Parties with respect to this Agreement. <br />2.11 Exhibits /Amendment <br />All exhibits attached to this Agreement are incorporated by reference and expressly made part of <br />this Agreement as if copied verbatim. This Agreement may be amended only by mutual agreement <br />of the Parties and in accordance with the applicable procedures outlined in Section 1.4.2.6(c) the <br />City's LDC. <br />2.12 Severability <br />If any section, subsection, sentence, clause, phrase, paragraph, part or provision of this Agreement <br />be declared by a court of competent jurisdiction to be invalid, illegal, unconstitutional or <br />unenforceable in any respect, such unenforceability, unconstitutionality, illegality or invalidity shall <br />not affect any of the remaining sections, subsections, sentences, clauses, phrases, paragraphs, <br />parts or provisions of this Agreement as a whole, or in any part, since the same would have been <br />enacted by the City Council without the incorporation in this Agreement of any such invalid, illegal, <br />unconstitutional or unenforceable section, subsection, sentence, clause, phrase, paragraph, part or <br />provision. <br />2.13 1 n te rp retati o n <br />This Agreement shall be liberally construed to effectuate the purposes set forth herein and to <br />sustain the validity hereof. Wherever required by the context, the singular shall include the plural, <br />and the plural shall include the singular. Each term herein may be used in its singular or plural form <br />whether or not so defined. <br />2.14 Notice <br />Any notice, request or other communication required or permitted by this Agreement shall be in <br />writing and may be affected by overnight courier or hand delivery, or by sending said notice by <br />registered or certified mail, postage prepaid, return receipt requested, and addressed to the Parties <br />as set forth below. Notice shall be deemed given when deposited with the United States Postal <br />Service with sufficient postage affixed. <br />14 <br />1649956.1 <br />