13 - Agreement with Jason Hart Engineering - Grand Theater

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indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. XXII. Entire Agreement This Contract embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporaneous agreements between the parties relating to matters herein, and except as otherwise provided herein cannot be modified without written agreement of the parties. XXIII. Non -Waiver It is further agreed that one (1) or more instances of forbearance by CITY or CONSULTANT in the exercise of its rights herein shall in no way constitute a waiver thereof. XXIV. Headings The headings of this Contract are for the convenience of reference only and shall not affect any of the terms and conditions hereof in any manner. XXV. Venue The parties to this Contract agree and covenant that this Contract will be enforceable in Paris, Texas; and that if legal action is necessary to enforce this Contract, exclusive venue will lie in Lamar County, Texas, or in the United States District Court for the Eastern District of Texas, Sherman Division. XXVI. No Third Party Beneficiary For purposes of this Contract, including its intended operation and effect, the parties (CITY and CONSULTANT) specifically agree and contract that: (1) the Contract only affects matters/disputes between the parties to this Contract, and is in no way intended by the parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with CITY or CONSULTANT or both; and (2) the terms of this Contract are not intended to release, either by contract or operation of law, any third person or entity from obligations owing by them to either CITY or CONSULTANT. Structural Engineering Services Contract Jason Hart Engineering, PLLC Page 12 of 24