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8. No Third -Party Beneficiaries, There are no third -party benefloiaries of this <br />contract. <br />9. Severability. The provisions of this contract are severable. If a court of <br />competent jurisdiction finds that any provision of"this contract is unenforceable, the remaining <br />provisions will remain in effect without the unenforceable parts. <br />10. Ambiguities Not to Be Construed against Party FFho Drafted Contract, The rule <br />of construction that ambiguities in a document will be construed against the party who drafted it <br />will not be applied in interpreting this contract. <br />11. No Special Relationship. The parties' relationship. is an ordinary commercial <br />relationship, and they do not intend to create the relationship of principal and agent, partnership, <br />joint venture, or any other special relationship. <br />12. Counterparts. If this contract is executed. in multiple counterparts, all <br />counterparts taken together will constitute this contract. <br />13, Confidentiality. The patties will keep confidential all information learned in the <br />course of this transaction, except to the extent disclosure is required by the Texas Pubic <br />Information Act, the Texas Open Meetings Act, other law or court order or to enable third parties <br />to advise or assist Buyer to investigate the Property or either party to close this transaction. <br />14. No Waiver of Immunity. The parties agree that this contract is not a'contract for <br />goods or services and neither patty waives any immunity from suit or liability of limitations on <br />liability granted under applicable laws and constitution of the State of Texas. <br />15. Subject to Approval. This contract is subject to a) the approval of the San <br />Marcos City Council; and b) the appropriation of lawfully available funds for payment of the <br />Purchase Price and all of Buyer's Closing Costs by the San Marcos City Council. If no such <br />approval is obtained and appropriation made within the Inspection Period, Seller shall have no <br />recourse against Buyer for such reasons and this contract shall be of no further force and effect. <br />SIGNATURES ON NEXT PAGE <br />