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<br /> (O(fV\ <br /> -13- - <br /> or attorneys to enforce the conditions of this Agreement against any defaulting party, the <br /> non-prevailing party shall pay all costs and expenses and reasonable attorney's fees <br /> incurred by the prevailing party in connection with the enforcement of this Agreement upon <br /> final settlement of the dispute, whether by agreement or judgment. <br /> 9.06 Successors and Assions: This Agreement shall be binding upon the City <br /> and the DOL and their respective successors and assigns. <br /> 9.07 Amendment: Any amendment or modification of this Agreement shall be in <br /> . ' <br /> writing and signed by the parties. <br /> 9.08 Time of Essence: Time is of the essence to this Agreement. <br /> 9.09 Governina Law and Venue: This Agreement shall be construed in <br /> . <br /> accordance with the laws of the State of Texas and venue shall lie in Hays County, Texas, <br /> unless exclusive original jurisdiction under the laws of the State of Texas lies elsewhere. <br /> 9.10 Parties Benefited: Except as otherwise expressly provided, nothing in this <br /> Agreement, express or implied, is intended to confer on any person, other than the parties, <br /> and their successors and assigns, any benefits, r!ghts or remedies under, or by reason of <br /> this Agreement. <br /> 9.11 Effective Date: This Agreement shall be effective upon execution by both <br /> parties to the Agreement. <br /> 9.12 Other Documents: The parties to this Agreement covenants and agree that <br /> they will execute such other and further instruments and documents as are or may become <br /> reasonably necessary or convenient to effectuate and carry out the purposes of this <br /> Agreement. <br />