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9.4 Severability. If any term or provision of this Agreement shall be declared <br />unconstitutional or void by any court of competent jurisdiction, the constitutionality and <br />validity of the remainder of said Agreement shall not be affected thereby, and to this end <br />the terms and provisions of this Agreement are declared to be severable. <br />9.5 Entire A reement and Governin Law. This Agreement sets forth the entire <br />understanding between the parties, and any other understandings or agreements shall <br />be canceled and superseded by this Agreement upon the date of execution hereof. None <br />of the terms of this Agreement shall be waived, discharged, altered or modified in any <br />respect, except by an Agreement in writing signed by both parties and specifically <br />referring to this Agreement. The captions in this Agreement are included for convenience <br />only and shall not be taken into consideration in any construction or interpretation of this <br />Agreement or any of its provisions. This Agreement is performable in Lamar County, <br />Texas, and shall be governed by, construed and enforced in accordance with the laws of <br />the State of Texas. The provisions of this Agreement shall apply to, bind and inure to the <br />benefit of the City, Fikes, and their respective successors, and permitted assigns, if any. <br />9.6 Venue. Venue for any actions arising under this Agreement shall lie <br />exclusively in the courts of Lamar County, Texas for any State Court action, and in the <br />U.S. District Court for the Eastern District of Texas for any federal court action. <br />9.7 Draftin . PTP and the City have both contributed to the drafting of this <br />Agreement, and no ambiguity, if any, contained in this Agreement shall be construed <br />against either party. <br />9.8 Governmental Powers. It is understood and agreed that by execution of <br />this Agreement, the City does not waive or surrender any of its governmental powers. <br />9.9 Non -Waiver. The failure of the City or PTP to insist upon the performance <br />of any term or provision of this Agreement or to exercise any right granted herein shall <br />not constitute a waiver of the City's or PTP respective right to insist upon appropriate <br />performance or to assert any such right on any future occasion. <br />9.10 Force Maieure. The City and PTP shall exercise their best efforts to meet <br />their respective duties and obligations as set forth in this Agreement, but shall not be held <br />liable for any delay or omission in performance due to force majeure or other causes <br />beyond their reasonable control (force majeure), including, but not limited to, compliance <br />with any government law, ordinance or regulation, acts of God, acts of the public enemy, <br />fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any <br />governmental authority, transportation problems and/or any other similar causes. <br />9.1 No Waiver of Governmental Immunity. Nothing contained in this Agreement <br />shall be construed as a waiver of City's governmental immunity, or of any damage caps or <br />limitations imposed by law, or any other legal protections granted to City by law, except to <br />the extent expressly provided or necessarily implied herein. <br />9.12 Mandato Ownership Disclosure Provision. PTP, in compliance with the laws <br />of the State of Texas, will execute and file Form 1295, notice of interested parties, which can <br />