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provided herein. No waiver shall be deemed to have been made unless it is in writing and signed <br />by the waiving Party. <br />7.04. This Agreement is deemed to have been made in and to be performable in the <br />Hays County, Texas, and shall be construed in accordance with and governed by the laws of the <br />State of Texas. <br />7.05. This Agreement may be executed in two or more counterparts, each of which <br />shall be deemed an original, but all of which together shall constitute one and the same <br />instrument. <br />7.06. The provisions of this Agreement shall be binding upon and inure to the benefit of <br />the Parties hereto and their respective successors and assigns; provided, however, that neither <br />Party may assign any of their respective rights nor delegate any of their respective duties <br />hereunder without the other Party's prior written consent. <br />7.07. The invalidity of any provision or provisions of this Agreement shall not affect <br />any other provision of this Agreement, which shall remain in full force and effect, nor shall the <br />invalidity of a portion of any provision of this Agreement affect the balance of such provision. <br />7.08. The captions of the various sections of this Agreement are for descriptive <br />purposes only and shall not alter or affect the terms and conditions of this Agreement. <br />7.09. This Agreement or any portion thereof shall not be interpreted by a court of law to <br />the detriment of a Party based solely upon that Party's authorship of the Agreement or any <br />portion thereof. <br />7.10. The Parties each certify that it has the legal authority to enter into this Agreement. <br />7.11. Nothing in this Agreement will be construed to constitute either Party as a partner, <br />employee or agent of the other Party, nor will either Party have the authority to bind the other in <br />