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OWNER: <br />AMERICAN SPIRALWELD PIPE COMPANY LLC <br />Attn: Pat Hook, VP of Operations <br />2061 American Italian Way <br />Columbia, SC 29209 <br />With a copy to; <br />W. Lee Thuston <br />Burr & Forman, LLP <br />420 North 20th Street <br />Suite 3400 <br />Birmingham, AL 35203 <br />CITY: <br />CITY OF PARIS, TEXAS <br />Attn: City Manager <br />P.O. Box 9037 <br />Paris, TX 75461-9037 <br />With a coDv to: <br />City Clerk, City of Paris, Texas (address same as above) <br />City Attorney, City of Paris, Texas (address same as above) <br />13.4 If any term or provision of this Agreement shall be declared unconstitutional or void <br />by any court of competent jurisdiction, the constitutionality and validity of the remainder <br />of said Agreement shall not be affected thereby, and to this end the terms and provisions of <br />this Agreement are declared to be severable. <br />13.5 This Agreement sets forth the entire understanding between the parties, and any <br />other understandings or agreements shall be canceled and superseded by this Agreement <br />upon the date of execution hereof. None of the terms of this Agreement shall be waived, <br />discharged, altered or modified in any respect, except by an Agreement in writing signed by <br />both parties and specifically referring to this Agreement. The captions in this Agreement <br />are included for convenience only and shall not be taken into consideration in any <br />construction or interpretation of this Agreement or any of its provisions. This Agreement <br />is performable in Lamar County, Texas, and shall be governed by, construed and enforced <br />in accordance with the laws of the State of Texas. The provisions of this Agreement shall <br />apply to, bind and inure to the benefit of the City, Owner, and their respective successors, <br />and permitted assigns, if any. <br />13.6 Venue for any actions arising under this Agreement shall lie exclusively in the courts <br />of Lamar County, Texas for any State Court action, and in the U.S. District Court for the <br />Eastern District of Texas for any federal court action. <br />9 <br />32322920 v5 <br />