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<br />Agreement is performable in Hays County, Texas. Nothing in this Agreement, and no action of the <br />City under this Agreement, will constitute a waiver of any immunity of the City to suit or to liability. <br />Section 6.05. Fuschak' s may not assign any of its rights, or delegate or subcontract any of its <br />duties under this Agreement, in whole or in part, withoutthe prior written consent of the City. <br />This Agreement has been executed by the parties in multiple originals or counterparts each <br />having full force and effect. <br />EXECUTED on October '): ,2005. <br /> <br />By: <br />Dan O'Leary, Ci <br /> <br /> <br /> <br />Page 4 of 4 <br />