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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />'Project: Flower St. Bike Trail <br />Agreement No. ®08-xxx <br />shall not be deemed a waiver of the right to require strict performance of all the terms, covenants and <br />conditions of this AGREEMENT thereafter, nor a waiver of any remedy for the subsequent breach or <br />default of any term, covenantor condition of this AGREEMENT. <br />15.6 SEVERABILITY <br />If any part of this AGREEMENT is held, determined or adjudicated to be illegal, void or unenforceable by a <br />court of competent jurisdiction, the remainder of this AGREEMENT shall be given effect to the fullest extent <br />reasonably possible. <br />15.7 AUTHORITY <br />The Parties to this AGREEMENT represent and warrant that this AGREEMENT has been duly authorized <br />and executed and constitutes the legally binding obligation of their respective organization or entity, <br />enforceable in accordance with its terms. <br />15.8 CONSTRUCTION <br />The Parties acknowledge that the Parties and their counsel have reviewed and revised this AGREEMENT <br />and that the normal rule of construction - to the effect that any ambiguities are to be resolved against the <br />drafting Party -shall not be employed in the interpretation of this AGREEMENT or any exhibits or <br />amendments hereto. <br />15.9 EXECUTION IN COUNTERPARTS <br />This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed to be ar <br />original, and all of such counterparts shall constitute one Agreement. To facilitate execution of this <br />AGREEMENT, the parties may execute and exchange by telephone facsimile counterparts of the signature <br />pages. <br />25B-1'~7 <br />