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<br />With a copy to: <br />Managing General Partner <br />Tenaska III Texas Partners <br />407 North 117th Street <br />Omaha, NE 68154 <br /> <br />With a copy to: <br />City Clerk <br />City of Paris <br />P. O. Box 9037 <br />Paris, TX 75461-9037 <br /> <br />9.8 If any term or provision of this Agreement shall <br />be declared unconstitutional or void by any court of com- <br />petent jurisdiction, the constitutionality and validity of <br />the remainder of said Agreement shall not be affected <br />thereby, and to this end the terms and provisions of said <br />Agreement are declared to be severable. <br />9.9 Nothing contained in this Agreement shall be <br />deemed or construed to create the relationship of principal <br /> <br />and agent, partnership, joint venture, landlord and tenant, <br /> <br />or any relationship or association whatsoever between CITY <br /> <br />and PARTNERSHIP, other than as expressly set forth herein. <br /> <br />9.10 This Agreement sets forth the entire understanding <br />between the parties, and any other understandings or agree- <br />ments shall be cancelled and superseded by this Agreement <br />upon the date of execution hereof. None of the terms of <br /> <br />this Agreement shall be waived, discharged, altered or <br /> <br /> <br />modified in any respect, except by an Agreement in writing <br /> <br />signed by both parties and specifically referring to this <br />Agreement. The captions in this Agreement are included for <br />convenience only and shall not be taken into consideration <br />in any construction or interpretation of this Agreement or <br /> <br />any of its provisions. This Agreement shall be governed by, <br /> <br />-11- <br />