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shall not be deemed to waive or render unnecessary its consent to or approval of any subsequent <br />act of the other Party. Any waiver by either Party of any default must be in writing and shall not <br />be a waiver of any other default concerning the same or any other provision of this Agreement. <br />6.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies <br />expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are <br />cumulative and the exercise by either Party of one or more of such rights or remedies shall not <br />preclude the exercise by it, at the same or different times, of any other rights or remedies for the <br />same default or any other default by the other Party. All warranties and promises to indemnify <br />shall survive the termination, abandonment, or completion of this Agreement. <br />6.11 Severability. In the event that any one or more of the phrases, sentences, clauses, <br />paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by <br />a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability <br />shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this <br />Agreement which are hereby declared as severable and shall be interpreted to carry out the intent <br />of the parties hereunder. <br />6.12 Authorized Representatives. The person or persons executing this Agreement on <br />behalf Licensee and City warrants and represents that he/she has the authority to execute this <br />Agreement on behalf of that Party and that he/she has the authority to bind that Party to the <br />performance of its obligations hereunder. <br />6.13 Entire Agreement. This Agreement constitutes the entire and integrated agreement <br />of Licensee and City with respect to the subject matter hereof and supersedes any and all prior and <br />contemporaneous oral or written negotiations, representations or agreements. <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be <br />executed by and through their authorized officers the day, month and year first written above. <br />ATTEST: <br />w <br />NORMA MITRE <br />Acting Cleric of the Council <br />APPROVED AS TO FORM: <br />SONIA R. CARVALHO <br />City Attorney <br />By: <br />JOH1 M. FUNK <br />Assistant City Attorney <br />CITY OF SANTA ANA <br />KRI INE RIDGE <br />City Manager <br />DYER <br />NAME: <br />TTTLE: <br />PARK, LLC <br />Page 8 of 13 <br />