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9.4 If any term or provision of this Agreement shall be declared unconstitutional <br />or void by any court of competent jurisdiction, the constitutionality and validity of the <br />remainder of said Agreement shall not be affected thereby, and to this end the terms and <br />provisions of this Agreement are declared to be severable. <br />9.5 This Agreement sets forth the entire understanding between the parties, and <br />any other understandings or agreements shall be canceled and superseded by this <br />Agreement upon the date of execution hereof. None of the terms of this Agreement shall be <br />waived, discharged, altered or modified in any respect, except by an Agreement in writing <br />signed by both parties and specifically referring to this Agreement. The captions in this <br />Agreement are included for convenience only and shall not be taken into consideration in <br />any construction or interpretation of this Agreement or any of its provisions. This <br />Agreement is performable in Lamar County, Texas, and shall be governed by, construed and <br />enforced in accordance with the laws of the State of Texas. The provisions of this Agreement <br />shall apply to, bind and inure to the benefit of the City, Nexus, and their respective <br />successors, and permitted assigns, if any. <br />9.6 jurisdiction and venue for any actions arising under this Agreement shall lie <br />exclusively in the courts of Lamar County, Texas. <br />9.7 Nexus and the City have both contributed to the drafting of this Agreement, <br />and no ambiguity, if any, contained in this Agreement shall be construed against either party. <br />9.8 MANDATORYANTI-BOYCOTTAND O HER PROVISIONS. Nexus, by executing this <br />Agreement, certifies the following: <br />i. Pursuant to Section 2271.002 of the Texas Government Code, Nexus <br />certifies that either (i) it meets an exemption criterion under Section <br />2271.002; or (ii) it does not boycott Israel and will not boycott Israel <br />during the term of the Agreement. Nexus acknowledges this Agreement <br />may be terminated and payment withheld if this certification is <br />inaccurate. <br />ii. Pursuant to SB 13, 87th Texas Legislature, Nexus certifies that either (i) it <br />meets an exemption criterion under SB 13, 87th Texas Legislature; or (ii) <br />it does not boycott energy companies, as defined in Section 1 of SB 13, 87th <br />Texas Legislature, and will not boycott energy companies during the term <br />of the Agreement. Nexus acknowledges this Agreement may be terminated <br />and payment withheld if this certification is inaccurate. <br />iii. Pursuant to SB 19, 87th Texas Legislature, Nexus certifies that either (i) it <br />meets an exemption criterion under SB 19, 87th Texas Legislature; or (ii) <br />it does not discriminate against a firearm entity or firearm trade <br />association, as defined in Section 1 of SB 19, 87th Texas Legislature, and <br />will not discriminate against a firearm entity or firearm trade association <br />during the term of the Agreement. Nexus acknowledges this Agreement <br />may be terminated and payment withheld if this certification is inaccurate. <br />L <br />