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<br />630 E. Hopkins <br />San Marcos, Texas 78666 <br />Attn: City Manager <br />Telephone: (512) 393-8101 <br />Email: citymanagerinfor@sanmarcostx.gov <br /> <br /> Section 9.06. Applicable Law and Venue. This Agreement is made, and shall be <br />construed and interpreted under the laws of the State of Texas. Venue for any legal <br />proceedings shall lie in State courts located in Hays County, Texas. Venue for any matters <br />in federal court will be in the United States District Court for the Western District of Texas. <br />Section 9.07. Severability. In the event any provision of this Agreement is <br />illegal, invalid, or unenforceability under the applicable present or future laws, then, and <br />in that event, it is the intention of the Parties that the remainder of this Agreement shall not <br />be affected thereby, and it is also the intention of the Parties to this Agreement that in lieu <br />of each clause or provision that is found to be illegal, invalid, or unenforceable a provision <br />be added to this Agreement which is legal, valid and enforceability and is a similar in terms <br />as possible to the provision found to be illegal, invalid or unenforceable. <br />Section 9.08. Third Parties. The City and Company 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 Company or permitted <br />assignees or successors of the City and Company, except that the indemnification and hold <br />harmless obligations by Company provided for in this Agreement shall inure to the benefit <br />of the indemnitees named therein. <br />Section 9.09. No Joint Venture. Nothing contained in this Agreement is intended <br />by the Parties to create a partnership or joint venture between the Parties, and any <br />implication to the contrary is hereby expressly disavowed. It is understood and agreed that <br /> <br /> <br />