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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 Drafting.. Fikes 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 Compliance_ with Laws. Both Parties agree to comply with all applicable <br />federal, state and local laws, ordinances, rules and regulations. If a Party notifies the <br />other Party of any violation of such laws, ordinances, rules, or regulations, the Party <br />receiving the notification shall immediately desist from and correct the violation. <br />9.9 Non -Discrimination Covenant. Both Parties, for themselves, their personal <br />representatives, assigns, subcontractors and successors in interest, as part of the <br />consideration herein, agree that in the performance of their duties and obligations <br />hereunder, they shall not discriminate in the treatment or employment of any individual or <br />group of individuals on any basis prohibited by law. <br />9.10 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 />Notwithstanding the foregoing, the City waives any immunity it may have related to being <br />sued for breach of this Agreement. Both Parties expressly acknowledge that they may be <br />sued for breach of this Agreement. <br />9.11 Non -Waiver. The failure of the City or Fikes 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 Fikes's respective right to insist upon appropriate <br />performance or to assert any such right on any future occasion. <br />9.12 Force Maieu " re. The City and Fikes 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 />Notwithstanding the foregoing, the Party whose performance is prevented or delayed by <br />such force majeure must notify the other Party thereof as soon as reasonably possible <br />after the occurrence thereof, and the Party claiming force majeure must exercise <br />