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23 Waiver of rights. The waiver or failure of either party to exercise in any respect any right <br />provided for herein shall not be deemed a waiver of any further right hereunder. <br />24 Severability. If any provision of this Agreement is invalid, illegal or unenforceable under any <br />applicable statute or rule of law, it is to that extent to be deemed omitted, and the remaining <br />provisions shall not be affected in any way. <br />25 Headings. The headings of the various Paragraphs and Subparagraphs herein are for <br />convenience only and shall not control or affect the meaning or construction of any <br />provisions of this Agreement. <br />26 Risk of use. All risk of use, operation, and control are borne by the City. <br />27 Governing Law. The applicable law for any legal disputes arising out of this Agreement <br />shall be the law of the State of California. <br />28 Saving Clause. All quotations and Agreements are contingent upon accidents, fires, <br />availability of materials, and all other causes beyond the control of either party. <br />Typographical and stenographic errors are subject to correction. Terms inconsistent with <br />those stated herein, which might appear on the City's formal order or Request for Proposal, <br />will not be binding on The Library Corporation. See 3.2. <br />29 Assignments. The City and The Library Corporation agree that no sublicensing, nor <br />assignment of its rights or interest, nor delegation of its duties under this Agreement shall be <br />made or become effective without the prior written consent of The Library Corporation or the <br />City. Any attempted sublicensing, assignment or delegation without prior written consent <br />shall be wholly void and ineffective for all purposes. <br />30 Taxes not included. The charges shown on this Agreement do not reflect applicable <br />federal, state, and local taxes which may be added to the amounts shown at the time of <br />invoicing. <br />31 Whole Agreement. This Agreement, including appendices and referenced attachments, <br />constitutes the entire Agreement between the parties and supersedes all proposals, <br />presentations, representations, and communications, whether oral or in writing, between the <br />parties on this subject. Latter Agreements supersede former Agreements. Neither party <br />shall be bound by any warranty, statement, or representation not contained herein. The <br />signatories acknowledge reading and agree to comply with all terms and conditions. <br />32 Amendments. Amendments and modifications to all, or any part, of the Agreement and to <br />the appendices and referenced attachments, may be made, and shall be binding, only if in <br />writing and signed by duly authorized representatives of both parties. <br />33 MISCELLANEOUS PROVISIONS <br />a. Each undersigned represents and warrants that its signature hereinbelow has the power, <br />authority and right to bind their respective parties to each of the terms of this Agreement, <br />Library Contract Page 13 of 29 <br />