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XXII. <br />Entire Agreement <br />This Contract embodies the complete agreement of the parties hereto, superseding all oral <br />or written previous and contemporaneous agreements between the parties relating to matters <br />herein, and except as otherwise provided herein cannot be modified without written agreement of <br />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 <br />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 not affect <br />any of the terms and conditions hereof in any manner. <br />XV. <br />Jurisdiction and Venue <br />The parties to this Contract agree and covenant that this Contract will be enforceable in <br />Paris, Texas; and that if legal action is necessary to enforce this Contract, exclusive jurisdiction <br />and venue will lie in the state courts in Lamar County, Texas. <br />XXVI. <br />No Third Party Beneficiary <br />For purposes of this Contract, including its intended operation and effect, the parties (CITY <br />and CONTRACTOR) specifically agree and contract that: (1) the Contract only affects <br />matters/disputes between the parties to this Contract, and is in no way intended by the parties to <br />benefit or otherwise affect any third person or entity notwithstanding the fact that such third person <br />or entity may be in contractual relationship with CITY or CONTRACTORor both; and (2) the <br />terms of this Contract are not intended to release, either by contract or operation of law, any third <br />person or entity from obligations owing by them to either CITY or CONTRACTOR. <br /> <br /> <br />