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B. Counterparts. This Funding Contract may be executed in two or more counterparts, each <br />of which shall be deemed an original but all of which together shall constitute one and <br />the same instrument. <br />C. Succession and Assignment. The provisions of this Funding Contract shall be binding <br />upon and inure to the benefit of the Parties and their respective successors and assigns; <br />provided, however, neither Party may assign any of its rights or delegate any of its duties <br />hereunder without written consent from the other Party. <br />D. Applicable Law; Venue. This Funding Contract is deemed to have been made in and to <br />be performable in the State of Texas and shall be construed in accordance with and <br />governed by the laws of the State of Texas. It is specifically agreed among the Parties that <br />in the event that any legal proceeding is brought to enforce this Funding Contract or any <br />provision hereof, the same will be brought in the county in which the principal <br />administrative offices of the Defendant are located. <br />E. Headings. The heading and captions of the various sections of this Funding Contract are <br />for convenience and descriptive purposes only and shall not be used to interpret or <br />construe its provisions, nor alter or affect the terms and conditions of this Funding <br />Contract. <br />F. Interpretation. This Funding Contract or any portion thereof shall not be interpreted. <br />G. Legal Authority; Approval by the Parties. The Parties each affirm and certify that they have <br />the legal authority to enter into this Funding Contract, and that their execution of this <br />Funding Contract has been duly authorized by action of their governing bodies as <br />required by Section 791.011(d) (1), Texas Government Code; and that each Party has taken <br />all necessary official action to approve this Funding Contract. Each Party to this Funding <br />Contract represents to the others that it is empowered by law to execute this Funding <br />Contract and other agreements and documents and to give such approvals, in writing or <br />otherwise, as are or may hereafter be required to accomplish the same. <br />H. Severability. The invalidity of any provision or provisions of this Funding Contract shall <br />not affect any other provision of this Funding Contract, which shall remain in full force <br />and effect, nor shall the invalidity of a portion of any provision of this Funding Contract <br />affect the balance of such provision. <br />I. Waiver. Notwithstanding anything to the contrary contained in this Funding Contract, any <br />right or remedy or any default under this Funding Contract, except the right of a Party to <br />receive the payments from another Party, which will never be determined to be waived, <br />Page 6 of 10 <br />