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<br /> <br /> <br /> <br /> With a copy to: <br /> <br /> City Attorney <br /> City of Paris, Texas <br /> P.O. Box 9037 <br /> Paris, Texas 75461-9037 <br /> <br /> <br /> Any change of address for the purposes of Notice shall not be effective until ten (10) days <br /> following receipt of the change of address. <br /> <br /> 10. Other Provisions: The parties hereto further agree as follows: <br /> <br /> (a) Standard of Care: TERRACON shall perform all Services required by this <br /> AGREEMENT and this Project in a manner consistent with that level of care and <br /> skill ordinarily exercised by members of the profession currently practicing in the <br /> same locality under similar conditions. No other representation, express or implied, <br /> and no warranty or guarantee is included or intended in this AGREEMENT, or in any <br /> report, opinion, document, or otherwise. <br /> <br /> (b) Texas Law to Apply; Successors; Construction: This AGREEMENT shall be <br /> construed under and in accordance with the laws of the State of Texas. It shall be <br /> binding upon, and inure to the benefit of, the parties hereto and their representatives, <br /> successors and assigns. Should any provisions in this AGREEMENT later be held <br /> invalid, illegal or unenforceable, they shall be deemed void, and the remainder of this <br /> AGREEMENT shall be construed as if such provision had never been contained <br /> herein. <br /> <br /> (d) Non-Assi ng ment: The parties hereto further agree that during the term of this <br /> agreement, the Services to be provided hereunder shall remain the sole responsibility <br /> of TERRACON, and that TERRACON shall not during the term of this agreement <br /> assign, subcontract, or in any other way authorize or retain other parties to provide <br /> such Services without the express written consent of City Manager of the City of <br /> Paris, Texas. <br /> <br /> (e) No Waiver: No waiver of either party's rights under this AGREEMENT shall be <br /> deemed to have been made unless expressed in writing and signed by an authorized <br /> representative of that Party. <br /> <br /> (f) Sole Parties to AGREEMENT: This AGREEMENT shall not create any rights or <br /> benefits to anyone except the CITY and TERRACON, and contains the entire <br /> agreement between the parties. Oral modifications to this AGREEMENT shall have <br /> no force or effect. <br /> <br /> (f) Venue: The parties agree that the laws of the State of Texas shall govern this <br /> AGREEMENT, and that all aspects of this AGREEMENT are performable in Lamar <br /> County, Texas. Exclusive venue for any claim or lawsuit arising out of or related to <br /> this AGREEMENT shall lie in Lamar County, Texas. <br /> <br /> 3 <br /> <br /> <br /> Q91 <br />