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party, as creating the relationship of principal and agent, partners, joint ventures, or any other
<br />similar such relationship between the Parties hereto.
<br />10. Severability. If any clause or provision of this Agreement is held illegal, invalid, or
<br />unenforceable under present or future laws, then and in that event it is the intention of the Parties
<br />hereto that the remainder of this Agreement will not be affected thereby, and it is also the
<br />intention of the Parties to this Agreement that in lieu of each clause or provision of this
<br />Agreement that is determined to be illegal, invalid, or unenforceable, there be added, as a part of
<br />this Agreement, a clause or provision as similar in terms to such illegal, invalid, or unenforceable
<br />clause or provision as may be possible, legal, valid, and enforceable.
<br />11. No waiver. No act or omission of a Party shall in any manner impair or prejudice any right,
<br />power, privilege, or remedy available to a Party hereunder or by law or in equity, such rights,
<br />powers, privileges, or remedies to be always specifically preserved hereby.
<br />12. No Third -Party Beneficiaries. Nothing herein expressed or implied is intended, nor will be
<br />construed, to confer upon or give to any person or entity, other than Participant, together with its
<br />respective agents, employees, officers, and representatives, individually and collectively, any
<br />right or remedy under or by reason of this Agreement.
<br />13. Amendment. This Agreement may not be altered, changed, or amended except by a written
<br />instrument signed by the Parties.
<br />14. Goveming Law and Venue. This Agreement shall be construed under and in accordance with
<br />the laws of the State of Texas and all obligations of the Parties created hereunder are performable
<br />in Bexar County, Texas, and exclusive venue shall lie in Bexar County, Texas.
<br />15. Authority to Execute. The representatives executing this Agreement on behalf of the Parties
<br />warrant that each of them has full authority to do so.
<br />16. Final Agreement. This Agreement constitutes the entire understanding and agreement of the
<br />City, CPS, and Participant with respect to the subject matter of this Agreement and contains all
<br />of the covenants and agreements of the Parties with respect thereto. The City, CPS, and
<br />Participant each acknowledge that no representations, inducements, promises, or agreements,
<br />oral or written, have been made by the City, CPS, or Participant, or anyone acting on their
<br />behalf, which are not contained in this Agreement, and any prior agreements, promises,
<br />negotiations, or representations not expressly set forth in this Agreement are of no force or
<br />effect.
<br />(Signatures on next page)
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