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which is legal, valid and enforceability and is a similar in terms as possible to the provision <br />found to be illegal, invalid or unenforceable. <br />Section 9.08. Third Parties. The City and Corvac intend that this Agreement shall not <br />benefit or create any right or cause of action in or on behalf of any third -party beneficiary, or any <br />individual or entity other than the City and Corvac or permitted assignees of the City and <br />Corvac, except that the indemnification and hold harmless obligations by Corvac provided for in <br />this Agreement shall inure to the benefit of the indemnitees 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 />ame . Nuse, P.E., City Manager <br />CORVAC COMPOSITES, L.L.C. <br />By: <br />Jo uber, Ace President - Manufacturing <br />