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<br />EXHIBIT 1 <br />agreed to in writing between the Operator and Owner, during all disputes, actions, claims, or other <br />matters arising out of or relating to this Agreement or the breach thereof, the Operator shall perform the <br />Work to be provided by Operator hereunder and shall comply with the schedule as it related to such Work. <br />NN.Performance by Owner. If Operator shall default in the performance of any term or covenant on <br />Operator's part to be performed under or in connection with this Agreement, and Operator shall not have <br />cured such default within the time periods specified in Section 5, Owner may, but without obligation so <br />to do, immediately or at any time thereafter, perform the same for the account of and at the reasonable <br />cost of Operator. <br />OO.Severability. If any provision of this Agreement shall be invalid or unenforceable either in its entirety or <br />by virtue of its scope or application to any given circumstance(s), such provision shall be deemed modified <br />to the extent necessary to render the same valid, or as not applicable to given circumstance(s), such <br />provision shall be deemed modified to the extent necessary to render the same valid, or as not applicable <br />to given circumstance(s, or to be excised from this Agreement, as the situation may require, and this <br />Agreement shall be construed and enforced as if such provision had been included herein as so modified <br />in scope or application, or had not been included herein, as the case may be, it being the stated intention <br />of the parties that had they known of such invalidity or unenforceability at the time of entering into this <br />Agreement, they would have, nevertheless, contracted upon the terms contained herein, either excluding <br />such provisions, or including such provisions only to the maximum scope and application permitted by <br />law, as the case may be. <br />PP. Signature Authority. Each undersigned represents and warrants that its signature herein below has the <br />power, authority, and right to bond their respective parties to each of the terms of this Agreement, and <br />shall indemnify City fully, including reasonable costs and attorney’s fees, for any injuries or damages to <br />City in the vent that such authority or power is not, in fact, held by the signatory or is withdrawn. <br />{Signatures on following page} <br />Page 21