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(ii) Certificates of insurance shall be furnished tc <br />the City upon execution of this Agreement and <br />shall be approved in form by the City Attorney. <br />(iii) Certificates and policies shall state that the <br />policies shall not be canceled or reduced in <br />coverage or changed in any other material <br />aspect without thirty (30) days prior written <br />notice to the City. <br />f. 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 affect 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 />7.13 Miscellaneous Provisions. <br />7.13.1 Modifications. This Agreement may be modified <br />only by mutual written agreement executed by both <br />parties. <br />7.13.2 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 <br />right, benefit or power hereunder shall <br />Primary Agreement Page 29 <br />