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<br />e <br /> <br />e <br /> <br />contained herein. The failure by either party, at any time, to <br /> <br />require performance by the other party of any of the provisions <br /> <br />hereof, shall not be dee~ed a waiver of any kind, nor in any way <br />affect the aggrieved party's rights thereafter to enforce the same. <br /> <br />14 . GOVERNING LAW: <br /> <br />This Agreement and all rights, <br /> <br />obligations and liabilities arising hereunder shall be construed <br />and enforced in accordance with the laws of the state of Texas. <br /> <br />Venue of any action hereunder shall be in Harris County, Texas. <br /> <br />15. ATTORNEYS FEES: <br /> <br />In the event it becomes necessary to <br /> <br />commence any proceeding or actions to enforce the provisions of <br /> <br />this Employment and Lease Agreement, the Court before whom the same <br />shall be tried, may award to the prevailing party all costs and <br /> <br />expenses thereof, including but not limited to, reasonable <br /> <br />attorney's fees, the usual, customary and lawfully recoverable <br />Court costs, and all other expenses in connection therewith. <br /> <br />16 . INDEMNITY: <br /> <br />Employee agrees to save and hold harmless <br /> <br />city from any loss, claim, or liability, including expenses of <br />litigation and reasonable attorney's fees, which the City may <br /> <br />incur, by reason of any act, negligence, or omission, of Employee, <br /> <br />in connection with this Agreement. <br /> <br />IN WITNESS WHEREOF, the parties hereto have executed this <br />Employment and Lease Agreement the date first above written. <br /> <br />"EMPLOYER" <br /> <br />CITY OF LA PORTE <br /> <br />By: G<~ T ~ <br />Robert T. Herrera <br />City Manager <br /> <br />11 <br />