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<br /> <br /> <br /> <br /> <br /> <br /> <br /> 12. CAPTIONS AND PARAGRAPH HEADINGS <br /> <br /> Captions and paragraph headings used herein are for convenience only and are not a part of <br /> the Agreement and shall not be used in construing same. <br /> <br /> <br /> <br /> 13. MODIFICATIONS AND WAIVERS <br /> This Agreement may not be modified except in writing and signed by authorized representatives <br /> of both parties. A waiver by either party of its rights hereunder shall not be binding unless <br /> contained in writing and signed by an authorized representative of the party waiving its rights. <br /> The non-enforcement or waiver of any provision on one (1) occasion shall not constitute a <br /> <br /> waiver of such provision on any other occasion unless expressly so agreed in writing. It is <br /> agreed that no use of trade or other regular practice or method of dealing between the parties <br /> hereto shall be used to modify, interpret, supplement, or alter in any manner the terms of this <br /> Agreement. <br /> No waiver of a breach of any provision of this Agreement shall constitute a waiver of any other <br /> breach of such provision. Failure of CITY to enforce at any time, or from time-to-time, any <br /> provision of this Agreement shall not be construed as a waiver thereof. The remedies herein <br /> reserved shall be cumulative and additional to any other remedies in law or equity. <br /> <br /> <br /> <br /> 14. VALIDITY <br /> <br /> The invalidity in whole or in part of any provision of this Agreement shall not void or affect the <br /> validity of any other provision. <br /> <br /> <br /> 15. GENERAL INDEMNIFICATION <br /> <br /> ATIMS shall hold CITY, its agents, officers, employees, and volunteers, harmless from and <br /> save, defend and indemnify the same against all claims, losses, liability and damages from <br /> every cause, including but not limited to injury to person or property, and related costs and <br /> expenses, including reasonable attorneys fees, arising directly or indirectly out of any act or <br /> omission of contract performance by ATIMS, its agents, officers, employees, or volunteers. If <br /> such defense becomes necessary, the City Counsel for the CITY shall have the absolute right to <br /> approve any and all counsel employed to defend the CITY. This paragraph shall survive any <br /> expiration or termination of this Agreement. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 25B-10 <br />