1998-061-RES WHEREAS, CITY COUNCIL DID HERETOFORE ON THE 14TH DAY

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MAY 11 '~8 13:52 ~ROM:BWR K~ro 81636~0027 T-248 P.02/0S ~-585 7. Controlling Llw: This Agreement is to be governed by the law of the principal place of business of the Consultant, which is Dallas! Texas. Venue shall lie in Lamar County, Texas. 8. Dispute Resolution: In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project! tht Owner and tht Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to mediation! unless the parties mutually agree otherwise. The Owner and the Consultant further agree to include a similar mediation provision in all agreements with independent contractors and consultants retained for the project and to require all independent contractors and consultants also to include a similar mediation provision in all agreements with subcontractors, subconsultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. 9. Severability: Any provision or part of the Agreement held to be void or unenforceable under any law or regulation shall be deemed stricken and all remaining provisions shall continue to be val1d and binding upon the Client and the Consultant, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at the address which appears on the signature page to this Agreement (as modified in writing from time to time by such party) and given personally, by registered or certified mail, return receipt requested, by facsimile or by a nationally recognized overnight courier service. All notices shall be effective upon the date of receipt. 11, Successors and Assigns: The Client and Consultant each is hereby boW\d and the partners, successors, executors, administrators. legal representatives and assigns of Client and Consultant are hereby bOlUld to the other party to this Agreement and to the partners, successors, executors, administrators, legal representatives and assigns of such other party in respect of all covenants and obligations of this Agreement. Neither the Client nor the Consultant may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any aliliignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any S,lt l)I)a'.\l'llPAC\Wl'C'n.OPOI.~IMllKM.IST -13- hllllll"/::I'lN.