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<br />The City of San Marcos Facilities Service Contract <br /> <br />thereof or otherwise prejudice such party's rights, powers and remedies. No single or partial <br />exercise of (or failure to exercise) any right, power or remedy of the City or the Company under <br />this Service Contract shall preclude any other or further exercise thereof or the exercise of any <br />other right, power or remedy. <br />SECTION 12.11. NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event <br />shall either party be liable to the other or obligated in any manner to pay to the other any <br />special, incidental, consequential, punitive or similar damages based upon claims arising out <br />of or in connection with the performance or non-performance of its obligations under this <br />Service Contract, or the material falseness or inaccuracy of any representation made in this <br />Service Contract, whether such claims are based upon contract, tort, negligence, warranty or <br />other legal theory. The waiver of the foregoing damages under this Section is intended to apply <br />only to disputes and claims as between the City and the Company, and specifically is not <br />intended to limit the scope of the indemnity provision herein, which indemnification includes <br />all claims by third parties irrespective of the nature thereof or the relief sought thereby. <br />SECTION 12.12. FORUM FOR DISPUTE RESOLUTION. It is the express <br />intention of the parties that all Legal Proceedings related to this Service Contract or to the <br />Facilities or to any rights or any relationship between the parties arising therefrom shall be <br />solely and exclusively initiated and maintained in the courts of the State located in Hays <br />County or the U.S. District Court for the Western District of Texas, Austin Division. The <br />Company and the City each irrevocably consents to the jurisdiction of such courts in any such <br />actions or proceedings, waives any objection it may have to the laying of the jurisdiction of any <br />such action or proceeding. In addition, the parties hereby expressly waive the right to trial by <br />jury. <br /> <br />92 <br />