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With a copy to: Kantrow, Spaht, Weaver & Blitzer (APLC) <br />445 North Blvd., Suite 300 <br />Baton Rouge, LA 70802 <br />Attn: Lucie R. Kantrow, Esq. <br />Telephone: (225) 383 -4703 <br />Facsimile: (225) 343 -0630 <br />City: City of San Marcos <br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Attn: City Manager <br />Telephone: (512) 393 -8101 <br />Facsimile: (855) 759 -2844 <br />Section 9.06. Applicable Law and Venue. This Agreement is made, and shall be <br />construed and interpreted under the laws of the State of Texas. Venue for any legal proceedings <br />shall lie in State courts located in Hays County, Texas. Venue for any matters in federal court will <br />be in the United States District Court for the Western District of Texas. <br />Section 9.07. Severability. In the event any provision of this Agreement is illegal, <br />invalid, or unenforceability under the applicable present or future laws, then, and in that event, it <br />is the intention of the Parties that the remainder of this Agreement shall not be affected thereby, <br />and it is also the intention of the Parties to this Agreement that in lieu of each clause or provision <br />that is found to be illegal, invalid, or unenforceable a provision be added to this Agreement which <br />is legal, valid and enforceability and is a similar in terms as possible to the provision found to be <br />illegal, invalid or unenforceable. <br />Section 9.08. Third Parties. The City and Company 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 Company or permitted assignees or successors of the <br />City and Company, except that the indemnification and hold harmless obligations by Company <br />provided for in this Agreement shall inure to the benefit of the indemnitees named therein. <br />16 <br />