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44. Interpretation. No provision in this Agreement is to be interpreted for or <br />against either party because that party or his legal representatives drafted <br />such provision. <br />45. Waiver Amendments. No breach of any provisions hereof may be waived <br />unless in writing, Waiver of any breach of any provisions hereof shall not <br />be deemed to be a waiver of any other breach of the same or any other <br />provisions hereof. This Agreement may be amended only by a written <br />agreement executed by the parties in interest at the time of the modification. <br />46. Severance. If any provision of this Agreement is determined by a court of <br />competent jurisdiction, to be illegal, invalid, or unenforceable, such <br />provisions will be deemed to be severed and deleted from the Agreement, <br />as a whole and neither such provisions, nor its severance and deletion shall <br />in any way. affect the validity of the remaining provisions of this <br />Disbursement Agreement. <br />47. Voluntary Agreement. The parties hereto, and each of them, further <br />represent and declare that the parties carefully read this Agreement and the <br />parties know the contents thereof, and that the parties sign the same freely <br />and voluntarily. <br />48. Attorney's Fees. In the event of any dispute between the parties regarding <br />this Agreement, the prevailing party shall be entitled to recover costs and <br />expenses, including but not limited to reasonable attorneys' fees. <br />49. Non -Discrimination. In the performance of this Agreement, Recipient shall <br />not discriminate against any provider, or potential provider, on the basis of <br />race, color, religion, ancestry, sex, age, national origin, physical handicap <br />or any other arbitrary factor. <br />50. Incorporation. The following Exhibits, all attached hereto, are hereby <br />incorporated into this Agreement: <br />Exhibit A: <br />Legal Description <br />Exhibit B: <br />Scope of Work <br />Exhibit C: <br />Sources and Uses of Funds (Activity Budget) <br />Exhibit D: <br />Disbursement Schedule <br />Exhibit E: <br />Insurance Requirements <br />Exhibit F: <br />Special Conditions <br />16-AHSC-11200 <br />NOFA 02/29/16 Page 23 of 36 <br />Rev: 03/16/17 <br />Project Santa Ana Arts Collective <br />Prep Data 93/0£3/17 <br />