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<br />I <br /> <br />I <br /> <br />I <br /> <br />action under this Agreement will be in the state court of appropriate jurisdiction for the action in <br />Hays County, Texas. This Agreement is performable in Hays County, Texas. The execution or <br />performance under this Agreement by the City will not be deemed to operate as a waiver of any <br />immunity of the City to suit or to liability under applicable law. <br /> <br />Section 4.07. This Agreement is not intended and will not be construed to create any rights in any <br />third parties. <br /> <br />This Agreement has been executed by the parties in multiple originals or counterparts each having <br />full force and effect. <br /> <br />CITY OF SAN MARCOS, TEXAS <br />,9 <br /> <br /> <br />By: <br />Dan O'Leary, Cit <br /> <br />TANGER PROPERTIES LIMITED PARTNERSHIP, <br />a North Carolina r . d partnership <br />By: Tange Ie general partner <br /> <br />y: <br /> <br /> <br />ger, Chief Executive Officer and <br />an of the Board <br /> <br />Date: <br /> <br />City of San Marcosrranger Economic Development Agreement <br />Page 4 of 4 <br />