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parties set forth below, or at such other address furnished in writing to the other parties <br />thereto: <br />DEVELOPER: HEB Grocery Company, L.P. <br />6464 South. Main <br />San Antonio, Texas 78204 <br />Attn: Vice President of Real Estate <br />Telephone: (210) 938-8000 <br />Facsimile: (210) 938-7633 <br />With a copy to: HEB Grocery Company, L.P. <br />6464 South Main <br />San Antonio, Texas 78204 <br />Attn: Legal Department <br />Telephone: (210) 938-8000 <br />Facsimile: (210) 938-7816 <br />CITY: City of San Marcos <br />630 E. Hopkins, San Marcos <br />Texas 78666 <br />Attn: City Manager <br />Telephone: (512) 393-8101 <br />Facsimile: (512) 396-4656 <br />SECTION 9.7. APPLICABLE LAw. This Agreement is made, and shall be construed <br />and interpreted under the laws of the State of Texas, and venue shall lie in State courts <br />located in Hays County, Texas. <br />SECTION 9.8. 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 hereto that the remainder of this Agreement <br />shall not be affected thereby, and it is also the intention of the parties to this Agreement <br />that in lieu of each clause or provision that is found to be illegal, invalid, or unenforceable <br />a provision be added to this Agreement which is legal, valid and enforceability and is a <br />similar in terms as possible to the provision found to be illegal, invalid or unenforceable. <br />SECTION 9.9. NO THIRD-PARTY BENEFICIARIES. The City and the Developer <br />intend that this Agreement shall not benefit or create any right or cause of action in or on <br />behalf of any third-party beneficiary, or any individual or entity other than the City and <br />the Developer or permitted assignees of the City and Developer, except that the <br />indemnification and hold harmless obligations by the Developer provided for in Section. <br />9.13 of 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 <br />intended by the parties to create a partnership or joint venture between the parties, and any