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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 /> assume any of the liability of the other for acts of the other or obligations of the other. <br /> Section 9.11. Prohibition on Contracts with Companies Boycotting Israel. Pursuant to <br /> Chapters 2270 and 808 of the Texas Government Code,Developer certifies that is not ineligible to <br /> receive the award of or payments under the Agreement and acknowledges that this Agreement <br /> 13 <br />