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712 South Stagecoach Trail <br />San Marcos, Texas 78666 <br />DISTRIBUTOR: City of San Marcos <br />At the address set forth in the Distributor's <br />signature block below. <br />The person and address to which notices are to be given may be changed at any time <br />upon written notice to the other party. <br />E. Severability. If any provision of this Agreement shall be held invalid or unenforceable by <br />any court of competent jurisdiction, such holding shall not invalidate or render <br />unenforceable any other provision hereof, but rather this entire Agreement will be <br />construed as if not containing the particular invalid or unenforceable provision or <br />provisions, and the rights and obligation of the parties shall be construed and enforced in <br />accordance therewith. The parties acknowledge that if any provision of this Agreement is <br />determined to be invalid or unenforceable, it is the desire and intention of each that such <br />provision be reformed and construed in such a manner that it will, to the maximum extent <br />practicable, give effect to the intent of this Agreement and be deemed to be validated and <br />enforceable. <br />F. No Third Party Beneficiaries. This Agreement is for the sole and exclusive benefit of the <br />parties hereto and nothing in this Agreement, express or implied, is intended to confer or <br />shall be construed as conferring upon any other person any rights, remedies or any other <br />type or types of benefits. Further, the provisions of this Agreement are not intended to <br />create, nor shall they be in any way construed to create a joint venture, a partnership, or <br />any other similar relationship between the parties. The Distributor acknowledges that it <br />is an independent contractor and that it will be acting as an independent contractor in <br />performing its obligations under this Agreement. <br />G. Compliance with Laws. Each party to this Agreement shall comply with all federal, <br />state, and local laws, statutes, ordinances, rules and regulations, and the orders and <br />decrees of any courts or administrative bodies or tribunals in any matter affecting the <br />performance of this Agreement. <br />H. No Waiver of Immunities. Nothing in this Agreement shall be deemed to waive, modify <br />or amend any legal defense available at law or in equity to Hays County, the Tax - <br />Assessor Collector, and the City, their past or present officers, employees or agents, nor <br />to create any legal rights or claim on behalf of any third party. Hays County does not <br />waive, modify, or alter to any extent whatsoever the availability of the defense of <br />governmental immunity under the laws of the State of Texas and of the United States. <br />I. No Waiver. The failure or delay of any party to enforce at any time or any period of time <br />any of the provisions of this Agreement shall not constitute a present or future waiver of <br />such provisions nor the right of either party to enforce each and every provision. <br />Furthermore, no term or provision hereof shall be deemed waived and no breach excused <br />unless such waiver or consent shall be in writing and signed by the party claimed to have <br />waived or consented. Any consent by any party to, or waiver of, a breach by the other, <br />M <br />