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is legal, valid and enforceability and is a similar in terms as possible to the provision found to be <br />illegal, invalid or unenforceable. <br />Section 10.08. Third Parties. The City and Company intend that this Agreement shall <br />not benefit or create any right or cause of action in or on behalf of any third -party beneficiary, or <br />any individual or entity other than the City and Company or permitted assignees or successors of <br />the City and Company, except that the indemnification and hold harmless obligations by Company <br />provided for in this Agreement shall inure to the benefit of the indemnitees named therein. <br />Section 10.09. 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 not <br />create a joint enterprise, nor does it appoint either Party as an agent of the other for any purpose <br />whatsoever. Except as otherwise specifically provided herein, neither party shall in any way <br />assume any of the liability of the other for acts of the other or obligations of the other. <br />Section 10.10. Immunity. The City, in entering this Agreement does not waive its <br />immunity 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 />Section 10.11. Counterparts. This Agreement may be executed in multiple counterparts, <br />each of which shall be considered an original, but all of which constitute one instrument, and <br />facsimile or electronic (in PDF) copies of this Agreement and facsimile or electronic (in PDF) <br />signatures to this Agreement shall be authorized and deemed effective. <br />t,r_ ... 1� .., <br />