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dannbrust@abaustin.com <br />Each party will notify the other party in writing of any change in information required for notice <br />under this paragraph. <br />Section 8.05. Applicable Law and Venue. This Agreement will be construed under the <br />laws of the State of Texas. This Agreement is performable in Hays County, Texas. Mandatory <br />venue for any action under this Agreement will be in the state court of appropriate jurisdiction <br />for the action in Hays County, Texas. Mandatory venue for any matters in federal court will be <br />in the United States District Court for the Western District of Texas. <br />Section 8.06. No Liability. The Owner agrees that City assumes no liability or <br />responsibility by approving plans, issuing permits or approvals or making inspections related to <br />any matter arising under this Agreement. <br />Section 8.07. No Waiver of Immunity or Liability. Nothing in this Agreement, and no <br />action of the City under this Agreement, will constitute a waiver of any immunity of the City to <br />suit or to liability or of any limitations on liability granted by law or the Texas Constitution. <br />Section 8.08. No Joint Venture. It is understood and agreed between the parties that <br />the City and the Owner, in executing this Agreement, and in performing their respective <br />obligations, are acting independently, and not in any form of partnership or joint venture. THE <br />CITY ASSUMES NO RESPONSIBILITIES OR LIABILITIES TO ANY THIRD <br />PARTIES IN CONNECTION WITH THIS AGREEMENT, AND THE OWNER AGREES <br />TO INDEMNIFY, DEFEND AND HOLD THE CITY, ITS OFFICERS, AGENTS AND <br />EMPLOYEES, HARMLESS FROM ANY SUCH LIABILITIES. <br />Section 8.09. Third Party Beneficiaries. This Agreement is for the exclusive benefit of <br />the Parties and no third party may claim any right, title or interest in any benefit arising under <br />this Agreement. Among other things, no third party having an ownership interest in any lot on <br />which an off - premises sign is located may pursue any claim against the City asserting the right to <br />allow the continued the use of any such sign or any claim against the City for lost revenues due <br />to the removal of any such sign under this Agreement. <br />Section 8.10. Severability. If any provision of this Agreement is held to be illegal, <br />invalid or unenforceable under present or future laws effective while this Agreement is in effect, <br />such provision shall be automatically deleted from this Agreement and the legality, validity and <br />enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in <br />lieu of such deleted provision, there shall be added as part of this Agreement a provision that is <br />legal, valid and enforceable and that is as similar as possible in terms and substance as possible <br />to the deleted provision. <br />Section 8.11. Agreement not a Permit. The Owner acknowledges and agrees that this <br />Agreement, and the waivers granted herein, do not constitute a permit under Chapter 245 of the <br />Texas Local Government Code. For any signs proposed to be installed under this Agreement, <br />the Owner shall be required to apply for such permits from the City as are required under <br />