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which it and/or they might have against the CITY for any loss or damage to the extent such <br /> damage is or could be covered by commercial general liability insurance. <br /> 8. Applicable Law and Venue. This Consent shall be governed by, and construed <br /> under, the laws of the State of Texas. Venue for any dispute between the parties arising under <br /> this Consent shall be in the state court having appropriate jurisdiction in Hays County, Texas, or, <br /> if in federal court, the United States District Court for the Western District of Texas, Austin <br /> Division. <br /> 9. Modification. This Consent shall not be construed as a release of any rights or <br /> obligations of the CITY or BUCKNER under or in connection with the Public Easement Area <br /> other than the right of BUCKNER to keep and maintain the Public Easement Improvements in <br /> the Public Easement Area upon and subject to the terms, covenants, conditions and provisions of <br /> this Consent. The terms, covenants, conditions and provisions of this Consent may be modified <br /> or amended in whole or in part only with the written agreement of the parties hereto. Any such <br /> agreement shall memorialized by an instrument in writing duly executed by the appropriate <br /> parties in interest and recorded in the Office of the Recorder of Hayes County, Texas. <br /> 10. Attorneys' Fees. In the event either party initiates or defends any legal action or <br /> proceeding to enforce or interpret any of the terms of this Consent, the prevailing party shall be <br /> entitled to recover from the non-prevailing party its reasonable costs and attorneys' fees. <br /> 11. Entire Agreement. This Consent constitutes the entire agreement by the parties <br /> hereto, and supersedes all prior discussions, undertalcings or agreements with respect to the <br /> subject matter of this Consent. <br /> 12. Severability. If any term, covenant or restriction established by this Consent shall <br /> be invalid or unenforceable, the remainder of this Consent shall not be affected thereby, and each <br /> term, covenant or restriction shall be valid and enforceable to the fullest extent permitted by law. <br /> 13. Counterparts. This Consent may be executed in multiple counterparts, each of <br /> which,when taken together, shall constitute an original. <br /> [signature pages to follow] <br />