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create any legal rights or claims on behalf of any third party. Neither Kyle nor San Marcos <br />waives, modifies, or alters to any extent whatsoever the availability of the defense of <br />governmental immunity under the laws of the State of Texas. <br />Section 4.3 Exhibits. The following exhibits are incorporated into this Agreement by reference <br />as if fully set out herein: <br />Exhibits "A" and "B." <br />Section 4.4 Severability. In the event any provision of this Agreement shall be held invalid or <br />unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render <br />unenforceable any other provision hereof. <br />IN WITNESS WHEREOF, the authorized representative of each Cities has executed this <br />Agreement on this day of , 2013. <br />CITY OF SAN MARCOS, TEXAS CITY OF KYJXs,,TEXAS <br />uerrero, May L y ohnso Mayor <br />Attest: <br /># 224223 3 <br />("�A' &�' . - <br />City Secretary 6 <br />