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Any party may change the address for notice to it by giving notice of such change in accordance <br /> with the provisions of this section. <br /> Article VIII. <br /> Waiver and Release <br /> 8.01. Waiver of Alternative Benefits. The Parties acknowledge the mutual promises and <br /> obligations of the Parties expressed herein are good,valuable and sufficient consideration for this <br /> Agreement. Owner specifically releases any equitable or legal claim that it may have against the <br /> City regarding, or with respect to the Complaint. The foregoing notwithstanding, the Parties <br /> specifically do not waive or release any claim or cause of action that either Party may have as a <br /> result of the other Party's breach of its agreements hereunder. <br /> Article IX. <br /> Entire Agreement <br /> 9.01. Agreement and Amendment. This Agreement, together with any exhibits attached <br /> hereto, constitutes the entire agreement between Parties and may not be amended except by a <br /> writing approved by the City Council of the City that is signed by all Parties and dated subsequent <br /> to the date hereof. <br /> Article X. <br /> General Provisions <br /> 10.01. No Joint Venture. The terms of this Agreement are not intended to and shall not be <br /> deemed to create any partnership or joint venture among the Parties. The City, its past, present <br /> and future officers, elected officials, employees and agents, do not assume any responsibilities or <br /> liabilities to any third party in connection with the development of the Property. The City enters <br /> into this Agreement in the exercise of its public duties and authority to provide for development <br /> of property within the City's ETJ pursuant to its police powers and for the benefit and protection <br /> of the public health, safety, and welfare. <br /> 10.02. No Third Party Beneficiary. This Agreement is not intended,nor will it be construed,to <br /> create any third-party beneficiary rights in any person or entity who is not a party,unless expressly <br /> provided otherwise herein,or in a written instrument executed by both the City and the third party. <br /> Absent a written agreement between the City and third party providing otherwise, if a default <br /> occurs with respect to an obligation of the City under this Agreement, any notice of default or <br /> action seeking a remedy for such default must be made by the Owner. <br /> 10.03. Severability. The provisions of this Agreement are severable, and if any word, phrase, <br /> clause, sentence,paragraph, section, or other part of this Agreement, or the application thereof to <br /> any person or circumstance, shall ever be held by any court of competent jurisdiction to be invalid <br /> SETTLEMENT AGREEMENT PAGE 7 <br />