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<br />be at the sole discretion of the CITY. <br /> <br />13.3 Any written notice required or permitted under the terms of this <br />AGREEMENT shall be given and be deemed to have been duly served if either (1) <br />delivered in person, or (2) deposited certified mail, return receipt requested, postage <br />prepaid in the United States mail, addressed to the designated representative of the <br />respective parties which are designated as follows: <br /> <br />OWNER <br /> <br />KIMBERLY-CLARK CORPORATION <br />Attn: Charles Lynch, Plant Manager <br />2466 F. M. 137 <br />Paris, TX 75460 <br /> <br />CITY <br />City Manager <br />City of Paris <br />P. O. Box 9037 <br />Paris, Texas 75461-9037 <br /> <br />With a CODY To: <br />Mr. R. Richard Rhodes <br />Ryan & Company <br />13155 Noel Road, 12th Fl., LB-72 <br />Dallas, Texas 75240 <br /> <br />City Clerk <br />City of Paris, Texas <br />P. O. Box 9037 <br />Paris, Texas 75461-9037 <br /> <br />13.4 If any term or provlSlon of this AGREEMENT shall be declared <br />unconstitutional or void by any court of competent jurisdiction, the constitutionality and <br />validity of the remainder of said AGREEMENT shall not be affected thereby, and to this <br />end the terms and provisions of said AGREEMENT are declared to be severable. <br /> <br />13.5 This AGREEMENT sets forth the entire understanding between the <br />parties, and any other understandings or agreements shall be canceled and superseded by <br />this AGREEMENT upon the date of execution hereof. None of the terms of this <br />AGREEMENT shall be waived, discharged, altered or modified in any respect, except by <br />an Agreement in writing signed by both parties and specifically referring to this <br />AGREEMENT. The captions in this AGREEMENT are included for convenience only <br />and shall not be taken into consideration in any construction or interpretation of this <br />AGREEMENT or any of its provisions. This AGREEMENT is performable in Lamar <br />County, Texas, and shall be governed by, construed and enforced in accordance with the <br />laws of the State of Texas. The provisions of this AGREEMENT shall apply to, bind and <br />inure to the benefit of the CITY, OWNER, and their respective successors, and permitted <br />assigns, if any. <br /> <br />13.6 Venue for any actions arIsmg under this AGREEMENT shall lie <br />exclusively in the courts of Lamar County, Texas, for any state court action, and in the <br />U.S. District Court for the Eastern District of Texas for any Federal Court action. <br /> <br />Witness our hands this 10th day of October, 2005. <br /> <br />8 <br />