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City <br />Hays County <br />City Manager Hays County Judge <br />City of San Marcos Hays County Courthouse <br />630 East Hopkins Street 111 E. San Antonio St., Ste. 300 <br />San Marcos, Texas 78666 San Marcos, Texas 78666 <br />H. Non - Waiver. Failure of any party hereto to insist on the strict performance of any <br />of the agreements herein or to exercise any rights or remedies accruing hereunder upon default or <br />failure of performance shall not be considered a waiver of the right to insist on, and to enforce by <br />any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any <br />right or remedy occurring as a result of any future default or failure of performance. <br />I. Successors. This Agreement shall bind and benefit the parties and their legal <br />successors. This Agreement does not create any personal liability on the part of any officer or <br />agent of the City or the Reinvestment Zone or any officer, agent or employee of the County. <br />J. No Waiver of Immunity. No party hereto waives or relinquishes any immunity <br />or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this <br />Agreement and performance of the covenants contained herein. <br />K. Third Party Beneficiary. The parties agree that Developer and its successors and <br />assigns shall have the right to enforce as a third party beneficiary Section 2.A. against the County <br />for any breach of its contractual obligations thereunder, as well as Section S.B. and this Section <br />S.K. <br />SAN MAROCS TIRZ NOA: Interioca[Agrmnt <br />