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between the parties relating to matters herein, and except as otherwise provided <br />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 <br />in the exercise of its rights herein shall in no way constitute a waiver thereof. <br />XXIV. <br />Headings <br />The headings of this Contract are for the convenience of reference only and <br />shall not affect any 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 <br />enforceable in Paris, Texas; and that if legal action is necessary to enforce this <br />Contract, exclusive venue will lie in Lamar County, Texas. <br />XXVI. <br />No Third Partv Beneficiar <br />For purposes of this Contract, including its intended operation and effect, <br />the parties (CITY and CONSULTANT) specifically agree and contract that: (1) the <br />Contract only affects matters/disputes between the parties to this Contract, and <br />is in no way intended by the parties to benefit or otherwise affect any third person <br />or entity notwithstanding the fact that such third person or entity may be in <br />contractual relationship with CITY or CONSULTANT or both; and (2) the terms of <br />this Contract are not intended to release, either by contract or operation of law, <br />any third person or entity from obligations owing by them to either CITY or <br />CONSULTANT. <br />IN WITNESS WHEREOF, the parties hereto have set their hands by their <br />representatives duly authorized on the day and year first written above. <br />Professional Services Contract <br />North Star Place Branding & Marketing Page 10 of 13 <br />