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13. Miscellaneous <br />These terms and conditions set forth the entire understanding and agreement of <br />the parties in respect of the subject matter hereof. No provision in this <br />Agreement shall be waived, changed, terminated, or rescinded, except by a <br />writing signed by the party to be charged by any such waiver, change, <br />termination or rescission. No waiver of any breach of any provision of this <br />Agreement shall constitute a waiver of any similar or dissimilar provision of any <br />prior or subsequent breach or shall constitute an amendment or modification of <br />this Agreement. If any provision of this Agreement shall be held to be <br />unenforceable or inapplicable, such holding shall not affect the enforceability of <br />any other provision of this Agreement. Customer may not assign this Agreement <br />without the prior written consent of CommSys. Any purported assignment is <br />void. The provisions of this Agreement otherwise shall bind and inure to the <br />benefit of the parties hereto and their respective heirs, executors, administrators, <br />successors and assigns. <br />IN WITNESS WHEREOF, the parties have executed this Agreement as of the <br />day and year first above written. <br />For Customer: <br />~ U <br />Signature <br />DAVID N. REAM <br />City Manager <br />title <br />Date <br />ATTE$TT~ <br />;~ <br />~~ "-{ ~ <br />PATRICEA.IE.HEA <br />Clerk of the Council <br />For CommSys <br />~~~. <br />Signature <br />Name <br />~rPS,~~~ <br />Title <br />/j~Zi~G <br />D to <br />APPROVED AS TO FORM <br />v a. - `P~ <br />dCSSEPH W. ETCHE <br />City Attorney <br />©Copyright 2006 CommSys Incorporated <br />Proprietary & Confidential Information <br />Page 6 <br />