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enforceability of the offending provision in any other situation or in any other jurisdiction. The <br />parties agree that the court or arbitrator making such determination shall have the power to <br />reduce the scope, duration, area or applicability of the term or provision to delete specific words <br />or phrases or to replace any illegal, unenforceable or void term or provision with a term or <br />provision that is valid and unenforceable term or provision that is valid and enforceable and that <br />comes closest to expressing the intention of the invalid or unenforceable term or provision. <br />7.4 Nonwaiver Clause. No waiver of the either party's rights under this Agreement shall <br />be deemed to have been made unless expressed in writing and signed by an authorized <br />representative of the party. <br />7.5 Conflicts. In the event of any conflict between the terms, conditions and provisions of <br />this Agreement and the City Charter of the City of Paris, Texas, the City Charter shall take <br />precedence over the contrary provisions of this Agreement during the term of this Agreement. <br />7.6 Controlling Law. This Agreement shall be governed by and construed and enforced <br />in accordance with the laws of the State of Texas and shall be performable in Lamar County, <br />Texas, unless otherwise provided by law. <br />CITY OF PARIS, TEXAS <br />Jesse James Freelen, Mayor <br />ATTEST: <br />Janice Ellis, City Clerk <br />Executed this the day of , 2007. <br />CITY MANAGER: <br />Kevin Carruth <br />Executed this the day of , 2007. <br />Page 8 of 8 <br />