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<br />whether in contract, tort, misrepresentation, warranty, negligence, strict liability or <br />otherwise, for any special, indirect, incidental or consequential damages arising out of or <br />in connection with this Agreement, or the performance or breach thereof. <br /> <br />ARTICLE X - DISPUTE RESOLUTION <br /> <br />10.1 NONBINDING MEDIATION. The Parties agree to submit to non-binding mediation <br />any dispute related to the tenns of this Agreement or its implementation, other than a <br />dispute under Article 3.2(d), before filing a claim with an administrative agency, the <br />courts, or any other entity having jurisdiction to resolve such dispute. The Parties agree <br />to each pay one-half of the costs of the mediator's fees and associated costs. The Parties <br />agree that if any such dispute is not resolved within ninety (90) days of beginning the <br />non-binding mediation process, then either Party may seek remedies in any appropriate <br />forum. <br /> <br />ARTICLE XI - NOTICE AND COMMUNICATIONS <br /> <br />11.1 NOTICE AND COMMUNICATIONS. Unless otherwise provided in this Agreement <br />all notices or communications provided herein to be in writing shall be delivered to: <br /> <br />If to Paris: <br /> <br />City Manager <br />P.O. Box 9037 <br />Paris, Texas 75461-9037 <br />Fax: 903/785-8519 <br /> <br />If to LCWSD: General Manager <br />Lamar County Water Supply District <br />140 CR 32180 <br />Brookston, Texas 78421 <br /> <br />11.2 CHANGE OF ADDRESS. Either party may change its address by giving written notice <br />of the change to the other party at least ten (l0) days before the change becomes <br />effective. <br /> <br />ARTICLE XII - MISCELLANEOUS PROVISIONS <br /> <br />12.1 JOINT PREPARATION. This Agreement shall be considered for all purposes as <br />having been prepared through the joint efforts of the Parties and shall not be construed <br />against one Party or the other as a result of the preparation, substitution, submission or <br />other event of the negotiation, drafting or execution hereof. <br /> <br />12.2 COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of <br />which shall be deemed an original, and all of which together shall constitute one and the <br />same instrument. The Parties hereto may execute this Agreement by signing any such <br />counterpart. <br /> <br />23 Paris/LCWSD Wholesale Treated Water Contract <br /> <br />'.r.'. <br />