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lockouts, governmental delays, major equipment failure or the failure of any major supplier to <br />perform its obligations. <br />Section 5.06. No Waiver of Immunity or Liability. Nothing in this Agreement, and no <br />action of the City under this Agreement, will constitute a waiver of any immunity of the City to <br />suit or to liability or of any limitations on liability granted by law or the Texas Constitution. <br />Section 5.07. No Joint Venture. It is understood and agreed between the parties that <br />the City and HEB, in executing this Agreement, and in performing their respective obligations, <br />are acting independently, and not in any form of partnership or joint venture. THE CITY <br />ASSUMES NO RESPONSIBILITIES OR LIABILITIES TO ANY THIRD PARTIES IN <br />CONNECTION WITH THIS AGREEMENT. <br />[SIGNATURES ON NEXT PAGE] <br />5 062007.00801 155728 v8 <br />