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CITY further acknowledges that the refusal of CITY to fulfill its obligations under this Agreement <br /> would increase the financial burden of services on COUNTY and all remaining contracting cities. CITY <br /> therefore agrees that it will fulfill its obligations hereunder and acknowledges that COUNTY and the <br /> other cities acquiring Animal Care Services from COUNTY are relying on CITY'S stated agreement, <br /> and the sharing of costs with CITY, in electing to acquire similar services. <br /> VIII. THIRD PARTY BENEFICIARY <br /> Except to the extent provided for in Section VII above with respect to other contracting cities, <br /> neither party hereto intends that this Agreement shall create rights hereunder in third parties including, <br /> but not limited to, any subcontractors or any clients provided services hereunder. <br /> IX. WAIVER OF DEFAULT OR BREACH <br /> Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any <br /> breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. <br /> Waiver of any default or any breach shall not be considered a modification of the terms of this <br /> Agreement. <br /> i <br /> I <br /> E <br /> IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, j <br /> State of California. <br /> I <br /> CITY OF SANTA ANA <br /> BY: DATED: <br /> CITY MANAGER <br /> ATTEST: <br /> BY: DATED: <br /> CITY CLERK,- <br /> APPROVED AS TO FORM: <br /> A-.BY: hA,-ta- DATED: <br /> CITY ATTORNEY <br /> City oP Santa Aia 7 of S <br /> 25C-63 <br />