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<br />I <br /> <br />I <br /> <br />I <br /> <br />18. <br /> <br />Waiver of RiQhts. <br /> <br />The waiver or failure of The Library Corporation or the City to exercise in any respect any right <br />provided for herein shall not be deemed a waiver of any further right hereunder. The City's <br />execution of and performance under this Agreement will not act as a waiver of any immunity of <br />the City to suit or liability under Texas law. The parties acknowledge that the City, in executing <br />this Agreement is a governmental entity acting in a governmental capacity. <br /> <br />19. Severability. <br /> <br />If any provision of this Agreement is invalid, illegal or unenforceable under any applicable <br />statute or rule of law, this Agreement will be construed as not containing the provision, and the <br />remaining provisions which are otherwise lawful will remain in full force and effect, and to this <br />end the provisions of this Agreement are declared to be severable. <br /> <br />20. HeadinQs. <br /> <br />The headings of the various Paragraphs and Subparagraphs herein are for convenience only <br />and shall not control or affect the meaning or construction of any provisions of this Agreement. <br /> <br />21. Risk of use. <br /> <br />22. <br /> <br />All risk of use, operation, and control are borne by the City. <br /> <br />GoverninQ Law. <br /> <br />This Agreement is governed by the law of the State of Texas. This Agreement is to be <br />performed in Hays County and exclusive venue for any dispute arising under this Agreement is <br />in Hays County, Texas. <br /> <br />23. SavinQ Clause. <br /> <br />All quotations and Agreements are contingent upon accidents, fires, availability of materials, <br />and all other causes beyond the control of either party. Typographical and stenographic errors <br />are subject to correction <br /> <br />24. AssiQnments. <br /> <br />The City and The Library Corporation, respectively, bind themselves, their partners, successors, <br />assigns and legal representatives to the other party to this Agreement and to the partners, <br />successors, assigns and legal representatives of such other party with respect to all covenants <br />of this Agreement. The City and The Library Corporation may not assign, sublet or transfer any <br />of its rights, or delegate or subcontract any of its duties under this Agreement, in whole or in <br />part, without the written consent of the other. Any work or services subcontracted under this <br />Agreement will be specified by separate written Agreement and will be subject to each provision <br />of this Agreement. <br /> <br />25. <br /> <br />Whole A~reement. <br /> <br />September 2, 2004 <br /> <br />Library Contract <br /> <br />Page 10 of 29 <br />