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made, and shall be construed and interpreted under the laws of the State of Texas. Venue for any <br />dispute or legal proceedings arising under this Agreement shall lie in state courts having <br />jurisdiction located in Hays County, Texas. Venue for any matters in federal court will be in the <br />United States District Court for the Western District of Texas, Austin Division. The prevailing <br />party in any litigation arising under this Agreement shall be entitled to reimbursement of costs of <br />litigation, including reasonable attorney fees and costs. <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 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 the Developer or permitted assignees of the City <br />and Developer, except that the indemnification and hold harmless obligations by the Developer <br />provided for in this Agreement shall inure to the benefit of the indemnitees named therein. <br />Section 9.10. No Joint Venture. Nothing contained in this Agreement is intended by the <br />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 />