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g. Third Parties. The parties intend and agree that this Agreement shall not benefit <br />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 the Applicant. <br />h. Immunity. The City, in entering this Agreement does not waive its immunity <br />from suit or any other limitations on its liability, contractual or otherwise, as granted by <br />the Texas Constitution or applicable laws of the State of Texas. <br />EXECUTED effective as of the Date first stated above. <br />CITY OF SAN MARCOS: <br />By: <br />Bert L mbrer ,City Manager <br />417 N. COMANCHE PARTNER, L.L.C.: <br />Name--\06N&?-1 <br />Title: 14 AJ <br />