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Section 9.08. Third Parties. The City and Triangle intend that this Agreement shall <br />not benefit or create any right or cause of action in or on behalf of any third-party beneficiary, or <br />any individual or entity other than the City and Triangle or permitted assignees of the City and <br />Triangle, except that the indemnification and hold harmless obligations by Triangle provided for <br />in this Agreement shall inure to the benefit of the indernnitees named therein. <br />Section 9.09. No Joint Venture. Nothing contained in this Agreement is intended by <br />the parties to create a partnership or joint venture between the Parties, and any implication to the <br />contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does <br />not create a joint enterprise, nor does it appoint either Party as an agent of the other for any <br />purpose whatsoever. Except as otherwise specifically provided herein, neither party shall in any <br />way assume any of the liability of the other for acts of the other or obligations of the other. <br />Section 9.10. Counterparts. This Agreement may be executed in multiple counterparts, <br />each of which shall be considered an original, but all of which constitute one instrument. <br />EXECUTED in duplicate originals to be effective as of the Effective Date. <br />CITY OF SAN MARCOS, TEXAS <br />By: <br />J es Nu's"Je, P.E., City anager <br />TRIANGLE PUMP COMPONENTS, INC. <br />By: <br />Sam Kelton, /GM <br />