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will be in the United States District Court for the Western District of Texas. <br />Section 9.08. Severability. In the event any provision of this Agreement is illegal, <br />invalid, or unenforceability under the applicable present or future laws, then, and in that event, it <br />is the intention of the parties hereto that the remainder of this Agreement shall not be affected <br />thereby, and it is also the intention of the parties to this Agreement that in lieu of each clause or <br />provision that is found to be illegal, invalid, or unenforceable a provision be added to this <br />Agreement which is legal., valid and enforceability and is a similar in terms as possible to the <br />provision found. to be illegal, invalid or unenforceable. <br />Section 9.09. Third Parties. The City and the Developer intend that this Agreement <br />shall not benefit or create any right or cause of action in or on behalf of any third-party <br />beneficiary, or any individual or entity other than the City and the Developer or permitted <br />assignees of the City and Developer, except that the indemnification and hold harmless <br />obligations by the Developer provided for in this Agreement shall inure to the benefit of the <br />indemnitees named therein. <br />Section 9.10. No Joint Venture. Nothing contained in this Agreement is intended by <br />the parties to create a partnership or joint venture between the Parties, and any implication to the <br />contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does <br />not create a joint enterprise, nor does it appoint either party as an agent of the other for any <br />purpose whatsoever. Except as otherwise specifically provided herein, neither party shall in any <br />way assume any of the liability of the other for acts of the other or obligations of the other. <br />Section 9.11. Counterparts. This Agreement maybe executed in multiple counterparts, <br />each of which shall be considered an original, but all of which constitute one instrument. <br />Section 9.12. Nondiscrimination. Developer agrees to ensure that no discrimination