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No right or remedy granted herein or reserved to the parties is exclusive of any <br />other right or remedy herein by law or equity provided or permitted; but each shall be <br />cumulative of every other right or remedy given hereunder. No covenant or condition of <br />this Contract may be waived without written consent of the parties. Forbearance or <br />indulgence by either party shall not constitute a waiver of any covenant or condition to <br />be performed pursuant to this Contract. <br />XXII. <br />Entire Agreement <br />This Contract embodies the complete agreement of the parties hereto, superseding <br />all oral or written previous and contemporaneous agreements between the parties relating <br />to matters herein, and except as otherwise provided herein cannot be modified without <br />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 <br />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 shall <br />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 Contract, <br />exclusive venue will lie in Lamar County, Texas, or in the United States District Court <br />for the Eastern District of Texas, Sherman Division. <br />XXVI. <br />No Third Parte Beneficiary <br />For purposes of this Contract, including its intended operation and effect, the <br />parties (CITY and CONTRACTOR) specifically agree and contract that: (1) the Contract <br />only affects matters/disputes between the parties to this Contract, and is in, no way <br />intended by the parties to benefit or otherwise affect any third person or entity <br />notwithstanding the fact that such third person or entity may be in contractual relationship <br />with CITY or CONTRACTOR or both; and (2) the terms of this Contract are not intended <br />to release, either by contract or operation of law, any third person or entity from <br />obligations owing by them to either CITY or CONTRACTOR. <br />XXVII <br />