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XX. <br />Severabilitv <br />If any of the terms, provisions, covenants, conditions or any other part of this Contract are for <br />any reason held to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants, <br />conditions or any other part of this Contract shall remain in full force and effect and shall in no way be <br />affected, impaired or invalidated. <br />XXI. <br />Remedies <br />No right or remedy granted herein or reserved to the parties is exclusive of any other right or <br />remedy herein by law or equity provided or permitted; but each shall be cumulative of every other right <br />or remedy given hereunder. No covenant or condition of this Contract may be waived without written <br />consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any <br />covenant or condition to be performed pursuant to this Contract. <br />XXII. <br />Entire A reement <br />This Contract embodies the complete agreement of the parties hereto, superseding all oral or <br />written previous and contemporaneous agreements between the parties relating to matters herein, and <br />except as otherwise provided herein cannot be modified without written agreement of the parties. <br />XXIII. <br />Non -Waiver <br />It is further agreed that one (1) or more instances of forbearance by CITY in the exercise of its <br />rights herein shall in no way constitute a waiver thereof. <br />XXIV. <br />Headinss <br />The headings of this Contract are for the convenience of reference only and shall not affect any <br />of the terms and conditions hereof in any manner. <br />XXV. <br />Venue <br />The parties to this Contract agree and covenant that this Contract will be enforceable in Paris, <br />Texas; and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Lamar <br />County, Texas, or in the United States District Court for the Eastern District of Texas, Sherman Division. <br />XXVI. <br />No Third Party, Beneficiary <br />For purposes of this Contract, including its intended operation and effect, the parties (CITY and <br />CONSULTANT) specifically agree and contract that: (1) the Contract only affects matters/disputes <br />between the parties to this Contract, and is in no way intended by the parties to benefit or otherwise affect <br />any third person or entity notwithstanding the fact that such third person or entity may be in contractual <br />relationship with CITY or CONSULTANT or both; and (2) the terms of this Contract are not intended to <br />release, either by contract or operation of law, any third person or entity from obligations owing by them <br />to either CITY or CONSULTANT. <br />Professional Services Contract — FMA Program Funding Administration <br />Resource Management & Consulting Co. Page 9 of 18 <br />