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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 Tanger, in executing this Agreement, and in performing their respective obligations, <br />are acting independently, and not in any form of partnership or joint venture. THE CITY <br />ASSUMES NO RESPONSIBILITIES OR LIABILITIES TO ANY THIRD PARTIES IN <br />CONNECTION WITH THIS AGREEMENT, AND TANGER AGREES TO <br />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. <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. Estoppel. Upon written request by Tanger, the City shall execute and <br />deliver to Tanger an estoppel certificate certifying as follows: (a) whether this Agreement is <br />unmodified and in fill force and effect (or if modified, disclosure of such modifications and <br />whether this Agreement is in full force and effect as modified); (b) whether to the City's <br />knowledge, Tanger is in default under this Agreement; and (c) any other reasonable factual <br />inquiries a party may request regarding this Agreement. <br />EXECUTED to be effective as of the Effective Date. <br />[SIGNATURES ON NEXT PAGE] <br />0 <br />