COLLATERAL, ASSIGN, PLEDGE AND/OR GRANT A SECURITY INTEREST IN THIS
AGREEMENT TO ANY LENDER WITHOUT CONTRACTOR'S CONSENT.
WHEN DULY ASSIGNED IN
ACCORDANCE WITH THE FOREGOING, THIS AGREEMENT SHALL BE BINDING UPON AND SHALL
INURE TO THE BENEFIT OF THE ASSIGNEE; PROVIDED THAT ANY ASSIGNMENT BY CONTRACTOR
OR OWNER PURSUANT TO THIS SECTION 21.7 SHALL NOT RELIEVE CONTRACTOR OR OWNER (AS
APPLICABLE) OF ANY OF ITS OBLIGATIONS OR LIABILITIES UNDER THIS AGREEMENT.
ANY
ASSIGNMENT NOT IN ACCORDANCE WITH THIS SECTION 21.7 SHALL BE VOID AND WITHOUT
FORCE OR EFFECT, AND ANY ATTEMPT TO ASSIGN THIS AGREEMENT IN VIOLATION OF THIS
PROVISION SHALL GRANT THE NON-ASSIGNING PARTY THE RIGHT, BUT NOT THE OBLIGATION,
TO TERMINATE THIS AGREEMENT AT ITS OPTION FOR DEFAULT.
21.8
NO WAIVER.
ANY FAILURE OF EITHER PARTY TO
ENFORCE ANY OF THE PROVISIONS OF THIS AGREEMENT OR TO REQUIRE COMPLIANCE WITH
ANY OF ITS TERMS AT ANY TIME DURING THE TERM OF THIS AGREEMENT SHALL IN NO WAY
AFFECT THE VALIDITY OF THIS AGREEMENT, OR ANY PART HEREOF, AND SHALL NOT BE
DEEMED A WAIVER OF THE RIGHT OF SUCH PARTY THEREAFTER TO ENFORCE ANY AND EACH
SUCH PROVISIONS.
21.9
GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED
BY, AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF TEXAS (WITHOUT
GIVING EFFECT TO THE PRINCIPLES THEREOF RELATING TO CONFLICTS OF LAW).
THE
UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS SHALL
NOT APPLY TO THIS AGREEMENT AND SHALL BE DISCLAIMED IN AND EXCLUDED FROM ANY
SUBCONTRACTS ENTERED INTO BY CONTRACTOR IN CONNECTION WITH THE WORK OR THE
FACILITY.
21.10
SUCCESSORS AND ASSIGNS.
THIS AGREEMENT SHALL BE
BINDING UPON THE PARTIES HERETO,
92
THEIR SUCCESSORS AND PERMITTED ASSIGNS.
21.11
ATTACHMENTS AND SCHEDULES.
ALL ATTACHMENTS AND
SCHEDULES SHALL BE INCORPORATED INTO THIS AGREEMENT BY SUCH REFERENCE AND SHALL
BE DEEMED TO BE AN INTEGRAL PART OF THIS AGREEMENT.
21.12
OBLIGATIONS.
NOTHING CONTAINED IN THIS AGREEMENT
SHALL BE CONSTRUED AS CONSTITUTING A JOINT VENTURE OR PARTNERSHIP BETWEEN
CONTRACTOR AND OWNER.
21.13
FURTHER ASSURANCES.
CONTRACTOR AND OWNER AGREE TO
PROVIDE SUCH INFORMATION, EXECUTE AND DELIVER ANY SUCH INSTRUMENTS AND DOCUMENTS
AND TO TAKE SUCH OTHER ACTIONS AS MAY BE REASONABLY REQUESTED BY THE OTHER PARTY
THAT ARE NOT INCONSISTENT WITH THE PROVISIONS OF THIS AGREEMENT AND THAT DO NOT
INVOLVE THE ASSUMPTION OF OBLIGATIONS OR LIABILITIES GREATER THAN THOSE PROVIDED
FOR IN THIS AGREEMENT, IN ORDER TO GIVE FULL EFFECT TO THIS AGREEMENT AND TO
CARRY OUT THE INTENT OF THIS AGREEMENT.
21.14
PRIORITY.
THE DOCUMENTS THAT FORM THIS AGREEMENT ARE
LISTED BELOW IN ORDER OF PRIORITY, WITH THE DOCUMENT HAVING THE HIGHEST PRIORITY
LISTED FIRST AND THE ONE WITH THE LOWEST PRIORITY LISTED LAST.
IN THE EVENT OF
ANY CONFLICT OR INCONSISTENCY BETWEEN A PROVISION IN ONE DOCUMENT AND A
PROVISION IN ANOTHER DOCUMENT, THE DOCUMENT WITH THE HIGHER PRIORITY SHALL
CONTROL.
THIS AGREEMENT IS COMPOSED OF THE FOLLOWING DOCUMENTS, WHICH ARE
LISTED IN PRIORITY:
A.
CHANGE ORDERS WHICH EXPRESSLY MODIFY THE
TERMS OF THIS AGREEMENT OR