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1. that CONTRACTOR timely delivers to the OWNER all bonds and insurance documents; <br />and <br />2. that the OWNER retains the discretion not to proceed if the Interim City Manager, the <br />City Manager, or his designee determines that information indicates that the <br />CONTRACTOR was not the lowest responsible bidder or that the CONTRACTOR <br />cannot perform all of its obligations under the Contract Documents. <br />THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION <br />OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, <br />NOR SHALL THE OWNER BE REQUIRED TO PERFORM -UNDER THE CONTRACT <br />DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY <br />OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. <br />The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive <br />venue for any litigation concerning the Contract Documents shall be Lamar County, Texas. <br />Although the Construction Agreement has been drafted by the OWNER, should any portion of <br />the Construction Agreement be disputed, the OWNER and CONTRACTOR agree that it shall <br />not be construed more favorably for either party. <br />The Contract Documents are binding upon the OWNER and CONTRACTOR and shall insure to <br />their benefit and as well as that of their respective successors and assigns. <br />If City Council approval is not required for the Construction Agreement under applicable law, <br />then the Construction Agreement "effective date" shall be the date on which the Interim City <br />Manager and City Secretary or their designees have signed the Construction Agreement. If the <br />Interim City Manager and City Secretary sign on different dates, then the later date shall be the <br />effective date. <br />{Signatures required on following page} <br />13 <br />