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With a copy to: Eric J. Weatherford <br />Brown McCarroll, L.L.P. <br />2001 Ross Avenue, Suite 2000 <br />Dallas, Texas 75201 <br />5.5 Relationship between the Parties. The relationship between the City and the Hospital is <br />solely a contractual relationship between independent contractors. Neither party hereto is <br />an agent or employee of the other party. <br />5.6 Governing Law. This Agreement shall be governed by the laws of the State of Texas. <br />5.7 Venue. Venue for any action involving the City arising out of this Agreement shall <br />exclusively lie in State District Court in Hays County, Texas. <br />5.8 Assignment. No party may assign any right, obligation, or responsibility under this <br />Agreement. <br />5.9 No Third Party Beneficiary. The parties to this Agreement do not intend to establish <br />any third party beneficiary relationships by virtue of this Agreement. <br />5.10 Entire Agreement. This Agreement represents the entire agreement and understanding <br />of the Parties hereto with respect to the subject matter hereof, and all prior and concurrent <br />agreements, understandings, representations and warranties with respect to such subject <br />matter, whether written or oral, are and have been merged herein and superseded hereby. <br />5.11 Counterparts. This Agreement may be executed in several counterparts, each of which <br />shall be deemed an original, but all of which together shall constitute one and the same <br />agreement, binding on all of the parties hereto. A facsimile copy or scanned image of an <br />executed, original counterpart shall be deemed for all purposes to be, and may be relied <br />upon as, an original, in which case each party shall immediately provide fully executed <br />originals to the others. <br />5.12 Consent to Suit; No Waiver of Governmental Immunity. By entering into this <br />agreement the City does not consent to suit and does not waive its governmental <br />immunity or the limitations as to damages as contained in any applicable statute. <br />Hospital agrees and understands the City is a governmental entity engaging in a <br />governmental function. <br />(Signature Pages Follows) <br />INDIGENT CARE AFFILIATION AGREEMENT BETWEEN THE CITY OF SAN MARCOS AND <br />CENTRAL TEXAS MEDICAL CENTER PAGE 8 <br />