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12.10 Parties in Interest <br />Nothing in this Agreement, whether express or implied, is intended to confer any rights <br />on any Persons other than the parties to it and their representatives, successors and <br />permitted assigns. <br />12.11 Waiver <br />The waiver by either party of any breach or violation of any provisions of this <br />Agreement shall not be deemed to be a waiver of any breach or violation of any other <br />provision nor of any subsequent breach of violation of the same or any other provision. <br />The subsequent acceptance by either party of any moneys which become due hereunder <br />shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation <br />by the other party of any provision of this Agreement. <br />12.12 Contractor's Investigation <br />Contractor has made an independent investigation (satisfactory to it) of the conditions <br />and circumstances surrounding the Agreement and the work to be performed by it. <br />12.13 Condemnation <br />City fully reserves the rights to acquire Contractor's property utilized in the <br />performance of this Agreement, by purchase or through the exercise of the right of <br />eminent domain. This provision is additive, and not intended to alter the rights of the <br />parties set forth in Article 10. <br />12.14 Notice <br />All notices, demands, requests, proposals, approvals, consents and other <br />communications which this Agreement requires, authorizes or contemplates shall be in <br />writing and shall either be personally delivered to a representative of the parties at the <br />address below or be deposited in the United States mail, first class postage prepaid, <br />addressed as follows: <br />If to City: Executive Director of Public Works <br />City of Santa Ana <br />20 Civic Center Plaza <br />Santa Ana, CA 92701 <br />August 17, 2021 168 City of Santa Ana <br />