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<br />, , <br /> <br /> <br />AGREEMENT NO. C.2.0896 <br /> <br />7.3 <br /> <br />Assignment; Binding Effect <br /> <br />This Agreement is assignable and shall bind and inure to the benefit of the respective <br />successors and assigns of the parties. <br /> <br />7.4 <br /> <br />Waiver <br /> <br />The failure of any party at any time or times to require performance of any provision <br />hereof shall in no manner affect the right at a later time to enforce the same. No waiver <br />by any party of any condition, or of any breach of any term, covenant, representation, or <br />warranty contained herein, in anyone of more instances, shall be deemed to be or <br />construed as a waiver of any other condition or of any breach of any other term, <br />covenant, representation or warranty. <br /> <br />7.5 <br /> <br />Entire Agreement; Modification <br /> <br />The Agreemént, with attachments, contains the entire agreement of the parties with <br />respect to the matters addressed herein. While this Agreement may be amended by <br />agreement of the parties at any time, it may not be amended, modified, superseded or <br />canceled, nor may any of the terms, covenants, representations, warranties, or <br />conditions hereof be waived, except by written instrument executed by the parties after <br />approval of said amendment(s) by the governing bodies of the Parties. <br /> <br />7.6 <br /> <br />Time of Essence <br /> <br />Time is of the essence is this Agreement, and the parties shall act accordingly in terms <br />of meeting the schedule dates. <br /> <br />7.7 <br /> <br />Governing Law <br /> <br />This Agreement shall be governed by and construed and enforced in accordance with <br />tHé laws of the State of California. <br /> <br />7.8 <br /> <br />Severability <br /> <br />In the event that any portion hereof is determined to be illegal or unenforceable, such <br />determination shall not affect the validity or enforceability of the remaining provisions <br />hereof, all of which shall remain in full force and effect. <br /> <br />7.9 <br /> <br />Gender and Tense <br /> <br />As used in this Agreement, the masculine, feminine, and neuter genders, and the <br />singular and plural numbers shall each be deemed to include the other or other <br />whenever the context so indicates. <br /> <br />16 <br />