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To CITY: <br />City of Paris <br />City Manager <br />Attn: Grayson Path <br />135 SE 1St <br />Paris, Texas 75460 <br />14. GOVERNMENTAL POWERS. <br />To CONSULTANT: <br />Solid Waste Specialists <br />705 Unity Drive <br />Leander, TX 78641 <br />It is understood and agreed that by execution of this Agreement, the City does not waive or <br />surrender any of its governmental powers. <br />15. NO WAIVER. <br />The failure of the City or Consultant to insist upon the performance of any term or provision <br />of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or <br />Consultant's respective right to insist upon appropriate performance or to assert any such right on any <br />future occasion. <br />16. GOVERNING LAW / VENUE. <br />This Agreement shall be construed in accordance with the internal laws of the State of Texas. <br />If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, <br />venue for such action shall lie in state courts located in Lamar County, Texas or the United States <br />District Court for the Northern District of Texas. <br />17. SEVERABILITY. <br />If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, <br />legality and enforceability of the remaining provisions shall not in any way be affected or impaired. <br />18. FORCE MAJEURE. <br />The City and Consultant shall exercise their best efforts to meet their respective duties and <br />obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in <br />performance due to force majeure or other causes beyond their reasonable control (force majeure), <br />including, but not limited to, compliance with any government law, ordinance or regulation, acts of <br />God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor <br />restrictions by any governmental authority, transportation problems and/or any other similar causes. <br />19. HEADINGS NOT CONTROLLING. <br />Headings and titles used in this Agreement are for reference purposes only and shall not be <br />deemed a part of this Agreement. <br />20. REVIEW OF COUNSEL. <br />The parties acknowledge that each party and its counsel have reviewed and revised this <br />Professional Services Agreement <br />Page 6 of 15 <br />