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<br /> <br /> <br /> <br /> <br /> <br /> <br /> XV. TERMINATION <br /> A. Either party may terminate this Agreement, without cause, upon ninety (90) <br /> days written notice given the other party. <br /> <br /> B. Either party may terminate this Agreement, upon thirty (30) days written <br /> notice given the other party for material breach after failure to resolve the breach pursuant to <br /> the Dispute Resolution paragraph of this Agreement. <br /> <br /> C. The rights and remedies of County or City provided in this Termination <br /> paragraph shall not be exclusive, and are in addition to any other rights and remedies <br /> provided by law or under this Agreement. <br /> <br /> XVI. THIRD PARTY BENEFICIARY <br /> Neither party hereto intends that this Agreement shall create rights hereunder in third <br /> parties including but not limited to any subcontractors or any patients provided services <br /> hereunder. <br /> <br /> XVII. WAIVER OF DEFAULT OR BREACH <br /> <br /> Waiver of any default by County or City shall not be considered a waiver of any <br /> subsequent default. Waiver of any breach of County or City of any provision of this <br /> Agreement shall not be considered a waiver of any subsequent breach. Waiver of any default <br /> or any breach by County or City shall not be considered a modification of the terms of this <br /> Agreement. <br /> <br /> XVIII. MISCELLANEOUS PROVISIONS <br /> <br /> a. Each undersigned represents and warrants that its signature hereinbelow has the <br /> power, authority and right to bind their respective parties to each of the terms of this Agreement, <br /> and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or <br /> damages to City in the event that such authority or power is not, in fact, held by the signatory or <br /> is withdrawn. <br /> b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set <br /> forth in the body of this Agreement. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> 8 <br />