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<br />f. <br /> <br />\. <br /> <br />If Contractor fails or refuses to produce or maintain <br />the insurance required by this section or fails or <br />refuses to furnish the City with required proof that <br />insurance has been procured and is in force and paid <br />for, the City shall have the right, at the City's <br />election, to forthwith terminate this Agreement. Such <br />termination shall not effect Contractor's right to be <br />paid for its time and materials expended prior to <br />notification of termination. Contractor waives the <br />right to receive compensation and agrees to indemnify <br />the City for any work performed prior to approval of <br />insurance by the City. <br /> <br />7.13 Miscellaneous Provisions. <br /> <br />7.13.1 <br /> <br />7.13.2 <br /> <br />\. <br /> <br />\.,. <br /> <br />Primary Agreement <br /> <br />Modifications. This Agreement may be modified <br />only by mutual written agreement by both parties. <br /> <br />Waiver. In order to be effective, any waiver of <br />any right, benefit or power hereunder must be in <br />writing and signed by an authorized representative <br />of the party against whom enforcement of such <br />waiver would be sought, it being intended that the <br />conduct or failure to act of either party shall <br />imply no waiver. Neither party shall by mere <br />lapse of time without giving notice or taking <br />other action hereunder be deemed to have waived <br />any breach by the other party of any of the <br />provisions of this Agreement. No waiver of any <br />right, benefit or power hereunder on a specific <br />occasion shall be applicable to any facts or <br />circumstances other than the facts and <br />circumstances specifically addressed by such <br />waiver or to any future events, even if such <br />future events involve facts and circumstances <br />substantially similar to those specifically <br />addressed by such waiver. No waiver of any right, <br />benefit or power hereunder shall constitute, or be <br />deemed to constitute, a waiver of any other right, <br />benefit or power hereunder. Unless otherwise <br />specifically set forth herein, neither party shall <br />be required to give notice to the other party, or <br />to any other third party, to enforce strict <br />adherence to all terms of this Agreement. <br /> <br /> <br />Page 25 <br />