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42. The Parties agree that any dispute arising under this Agreement <br />that either (i) raises issues of federal law or (ii) raises claims valued at <br />$75,000 or more (provided that diversity requirements are met) shall be <br />brought in the Federal District Court in Texas with appropriate venue. If <br />any claims are brought in state court by any of the Cities, such Cities must <br />affirmatively state in their petition(s) that they are not seeking damages or <br />recovery in excess of $75,000. In addition, the Cities may seek specific <br />performance of this Agreement, but the Parties acknowledge and agree <br />that any such claim for specific performance has a value in excess of <br />$75,000. Furthermore, the Cities agree that they will not claim <br />consequential damages for any violation of this Agreement. <br />IN WITNESS WHEREOF, each of the Parties has duly executed this <br />Agreement, intending to be bound thereby, by affixing its signature and the date <br />thereof below. <br />TIME WARNER ENTERTAINMENT - ADVANCE /NEWHOUSE PARTNERSHIP <br />By: <br />Its: <br />Date: <br />THE CITY OF BROWNSVILLE <br />By: <br />Its: <br />Date: <br />20 <br />