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XI. <br />IIVTERPRETATION OF AGREEMENT <br />This is a negotiated Agreement, should any part of this Agreement be in dispute, the parties <br />stipulate that the Agreement shall not be construed more favorably for either party. <br />XII. <br />REMEDIES <br />No right or remedy granted herein or reserved to the parties is exclusive of any right or <br />remedy granted by law or equity; but each shall be cumulative of every right or remedy given <br />hereunder. No covenant or condition of this Agreement may be waived without the express <br />written consent of the parties. It is further agreed that one (1) or more instances of forbearance <br />by either party in the exercise of its respective rights under this Agreement shall in no way <br />constitute a waiver thereof. <br />EXECUTED in duplicate originals this 28th day of September, 2009. <br />By: <br />CITY OF ALLEN, TEXAS <br />CITY MANAGER <br />P. 0. Box <br />Allen, Texas <br />APPROVED AS TO FORM: <br />CITY ATTORNEY <br />Cooperative Purchasing Agreement - Page 4 <br />CITY OF PARIS, TEXAS <br />By: <br />Kevin Carruth <br />CITY MANAGER <br />P. 0. Box 9037 <br />Paris, Texas 75461-9037 <br />APPROVED AS TO FORM: <br />W. Kent McIlyar, <br />CITY ATTORNEY <br />.„%i r 2 <br />