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provisions hereof or of the offending provision in any other circumstance; and the <br /> remaining provisions of this Agreement shall remain in full force and effect. <br /> 14. Successors and Assigns. This Agreement shall be binding upon and shall <br /> inure to the benefit of the successors in interest, executors, administrators, and assigns <br /> of each Party to this Agreement. <br /> 15. Non-Waiver. The delay or failure of either Party at any time to require <br /> performance or compliance by the other Party of any of its obligations or agreements shall <br /> in no way be deemed a waiver of those rights to require such performance or compliance. <br /> No waiver of any provision of this Agreement shall be effective unless in writing and <br /> signed by a duly authorized representative of the Party against whom enforcement of a <br /> waiver is sought. The waiver of any right or remedy with respect to any occurrence or <br /> event shall not be deemed a waiver of any right or remedy with respect to any other <br /> occurrence or event, nor shall any waiver constitute a continuing waiver. <br /> 16. Termination. This Agreement may be terminated by the Parties upon thirty <br /> (30) days written notice of termination. In such event, City shall be entitled to receive <br /> reimbursement for any and all outstanding Manhole Adjustment Costs incurred prior to <br /> termination. <br /> 17. Time of Essence. Time is of the essence for each and every provision of <br /> this Agreement. <br /> 18. Headings. Paragraphs and subparagraph headings contained in this <br /> Agreement are included solely for convenience and are not intended to modify, explain, <br /> or to be a full or accurate description of the content thereof; and shall not in any way affect <br /> the meaning or interpretation of this Agreement. <br /> 19. Amendments. Only a writing executed by all of the Parties hereto or their <br /> respective successors and assigns may amend this Agreement. <br /> 20. Counterparts. This Agreement may be executed in one or more <br /> counterparts, each of which shall be deemed an original. All counterparts shall be <br /> construed together and shall constitute one single Agreement. <br /> 21. Auto. The persons executing this Agreement on behalf of the Parties <br /> hereto warrant that they are duly authorized to execute this Agreement on behalf of said <br /> Parties and that by doing so, the Parties hereto are formally bound to the provisions of <br /> this Agreement. <br /> 22. Electronic Signature. Each Party acknowledges and agrees that this <br /> Agreement may be executed by electronic or digital signature, which shall be considered <br /> as an original signature for all purposes and shall have the same force and effect as an <br /> original signature. <br /> Page 5 of 7 <br /> 55880.00002\43166451.1 <br />