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XVI. THIRD PARTY BENEFICIARY <br /> <br /> Neither party hereto intends that this Agreement shall create rights hereunder in third <br />parties including but not limited to any subcontractors or any patients provided services <br />hereunder. <br /> <br />XVII. WAIVER OF DEFAULT OR BREACH <br /> <br /> Waiver of any default by County or City shall not be considered a waiver of any <br />subsequent default. Waiver of any breach of County or City of any provision of this <br />Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default <br />or any breach by County or City shall not be considered a modification of the terms of this <br />Agreement. <br /> <br />XVIII. MISCELLANEOUS PROVISIONS <br /> <br /> a. Each undersigned represents and warrants that its signature hereinbelow has the <br />power, authority and right to bind their respective parties to each of the terms of this Agreement, <br />and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or <br />damages to City in the event that such authority or power is not, in fact, held by the signatory or <br />is withdrawn. <br /> <br /> b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br />forth in the body of this Agreement. <br /> <br />8 <br /> <br /> <br />