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ARTICLE IX. MISCELLANEOUS PROVISIONS <br />9.1. There are no third party beneficiaries to this Agreement and the provisions of this <br />Agreement shall not create any Iegal or equitable right, remedy, or claim enforceable by any person, <br />firm, or organization other than the Parties and their permitted successors and permitted assigns. <br />9.2. This Agreement shall not affect the obligations or rights of either Party with respect to <br />other agreements not expressly named or described herein. Each Party to this Agreement <br />represents to the other Party that there is no agreement or other obligation binding upon it, <br />which, as such Party is presently aware, would limit the effectiveness or frustrate the purpose of <br />this Agreement. <br />9.3. The descriptive headings of the various sections of this Agreement have been inserted for <br />convenience of reference only and are to be afforded no significance in the interpretation or <br />construction of this Agreement. <br />9.4. This Agreement represents and contains the entire agreement and understanding between <br />the Parties with respect to the subject matter of this Agreement and supersedes any and all prior or <br />contemporaneous oral and/or written agreements and understandings. No representations, <br />warranty, condition, understanding, or agreement of any kind with respect to the subject matter of <br />this Agreement shall be relied upon by the Parties unless incorporated into this Agreement. This <br />Agreement may be modified, amended, or supplemented only by a written instrument executed by <br />both Parties. <br />9.5. Every provision of this Agreement is intended to be severable. If any term or provision <br />hereof is illegal, invalid, or unenforceable for any reason whatsoever, that term or provision will <br />be enforced to the maximum extent permissible so as to effect the intent of the Parties, and such <br />illegality, invalidity, or unenforceability shall not affect the validity or legality of the remainder <br />of this Agreement. If necessary to effect the intent of the Parties, the Parties will negotiate in <br />good faith to amend this Agreement to replace the unenforceable language with enforceable <br />language which as closely as possible reflects such intent. <br />Transmission Planning Data Services Agreement, City of San Marcos — LCRA <br />Page 9 of 10 <br />