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writing and signed by both Parties. <br />7.04 No delay or failure by either Party hereto to exercise any right, power or remedy, <br />under this Agreement, and no partial or single exercise of that right, power or remedy, shall <br />constitute a waiver of that or any other right, power or remedy unless otherwise expressly provided <br />herein. <br />7.05 No waiver shall be deemed to have been made unless it is in writing and signed by <br />the waiving Party. <br />7.06 This Agreement is deemed to have been made in and to be performable in Hays <br />County, Texas, .and shall be construed in accordance with and governed by the laws of the State <br />of Texas. <br />7.07 This Agreement may be executed in two or more counterparts, each of which shall <br />be deemed an original, but all of which together shall constitute one and the same instrument. <br />7.08 The provisions of this Agreement shall be binding upon and inure to the benefit of <br />the Parties hereto and their respective successors and assigns; provided, however, that neither Party <br />may assign any of their respective rights nor delegate any of their respective duties hereunder <br />without the other Party's prior written consent. <br />7.09 The invalidity of any provision or provisions of this Agreement shall not affect any <br />other provision of this Agreement, which shall remain in full force and effect, nor shall the <br />invalidity of a portion of any provision of this Agreement affect the balance of such provision. <br />7.10 The captions of the various sections of this Agreement are for descriptive purposes <br />only and shall not alter or affect the terms and conditions of this Agreement. <br />7.11 This Agreement or any portion thereof shall not be interpreted by a court of law to <br />7 <br />