2011-050 RES APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL MANAGEMENT

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Director City Manager Resource Management & Consulting City of Paris, Texas 200 N. Collegiate P.O. Box 9037 Paris, TX 75460 Paris, Texas 75460 Any change of address for the purposes of Notice shall not be effective until ten (10) days following receipt of the change of address. 10. Other Provisions. The parties hereto further agree as follows: (a) Standard of Care. RMCC shall perform all services required by this Agreement and this project in a manner consistent with that level of care and skill ordinarily exercised by members of the professional currently practicing in the same locality under similar conditions. No other representation, express or implied, and no warranty or guarantee is included or intended in the Agreement, or in any report, opinion, document, or otherwise. (b) Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the parties hereto and their representatives, successors and assigns. Should any provisions in the Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and the remainder of this Agreement shall be construed as if such provision had never been contained herein. (c) Non-Assignment. The parties hereto further agree that during the term of this agreement, the services to be provided hereunder shall remain the sole responsibility of RMCC and that RMCC shall not during the term of this agreement assign, subcontract, or in any other way authorize or retain other parties to provide such services without the express written consent of City Manager of the City of Paris, Texas. (d) No Waiver. No waiver of either party's rights under this Agreement shall be deemed to have been made unless expressed in writhing and signed by an authorized representative of that Party. (e) Sole parties to Agreement. This Agreement shall not create any rights or benefits to anyone except the CITY and RMCC, and contains the entire agreement between the parties. Oral modifications to this agreement shall have no force or effect. (f~ Venue. The parties agree that the laws of the State of Texas shall govern this Agreement, and that all aspects of this Agreement are performable in Lamar County, Texas. Exclusive venue for any claim or lawsuit arising out of or related to this Agreement shall lie in Lamar County, Texas.