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The captions to the various clauses of this Agreement are for informational <br />purposes only and in no way alter the substance of the terms and conditions of this <br />Agreement. <br />VII. <br />IMMUNITY <br />It is expressly understood and agreed that, in execution of this Agreement, <br />no party waives, nor shall be deemed hereby to waive, any immunity or defense that <br />would otherwise be available to it against claims arising in the exercise of <br />governmental powers and functions. <br />VIII. <br />WAIVER OF CLAIMS <br />Each party hereto waives all claims against the other party hereto for <br />compensation for any loss, damage, personal injury, or death, occurring as a <br />consequence of the performance of this Agreement. <br />IX. <br />SEVERABILITY <br />If any of the terms, sections, subsections, sentences, clauses, phrases, <br />provisions, covenants or conditions of this Agreement are for any reason held to <br />be invalid, void or unenforceable, the remainder of the terms sections, subsections, <br />sentences, clauses, phrases provisions, covenants, or conditions in this Agreement <br />shall remain in full force and effect and shall in no way be affected, impaired or <br />invalidated. <br />X. <br />JOINT VENTURES <br />Nothing contained in this Agreement is intended by the Parties to create a <br />partnership or joint venture between the Parties, and any implication to the contrary <br />is hereby expressly disavowed. It is understood and agreed that this Agreement does <br />not create a joint enterprise, nor does it appoint any party as an agent of any other <br />party, for any purposes whatsoever. <br />XI. <br />THIRD PARTIES <br />The Parties to this Agreement do not intend by this Agreement that any specific <br />third party may obtain a right by virtue of the execution or performance of this <br />Agreement. <br />This Agreement shall become effective on the date first written above. <br />3 <br /> <br />