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City: <br />City of Santa Ana <br />20 Civic Center Plaza, M29 <br />Santa Ana, CA 92702 <br />Attn: City Clerk <br />Maria.Huizar0santa-ana.o re <br />tel: 714-647-5235 <br />14. Relationship of the Parties. <br />14.1. This Agreement shall not be construed as creating an agency, partnership, joint <br />venture or any other form of association between the parties, and both parties <br />shall be and remain independent entities. Neither party has the right or authority, <br />express or implied, to assume or create any obligation of any kind, or to make any <br />representation or warranty, on behalf of the other party or to bind the other party <br />in any respect whatsoever, except as otherwise provided in this Agreement. <br />15. Assignment <br />15.1. Should the City enter into an agreement with a third party for parking operations <br />during the term of this Agreement, IPS shall provide that operator the same rights, <br />terms, and conditions as included in this Agreement Such assignment shall not be <br />effective unless and until the City has provided notice to the IPS of such <br />assignment, and any such third party will be required to adhere to all terms and <br />conditions contained herein. <br />15.2. IPS may not assign, hypothecate or transfer this Agreement or any interest therein <br />directly or indirectly, by operation of law or otherwise without the prior written <br />consent of City. Any attempt to do so without the City's consent will be null and <br />void, and any assignee, hypothecatee or transferee acquires no right or interest by <br />reason of such attempted assignment, hypothecation or transfer. <br />16. General Provisions. <br />16.1. Waiver. A waiver of any breach of this Agreement may not be deemed a waiver <br />of any subsequent breach of the same or any other term, covenant or condition <br />of this Agreement. No delay or failure on the part of either party to insist on <br />compliance with any provision of this Agreement shall constitute a waiver of <br />such party's right to enforce such provision, no matter the length of the delay. <br />In the case of any granted waiver by the consenting Party, which must be <br />provided in writing, such waiver shall not constitute a waiver of the same <br />obligation or any other obligation under this Agreement <br />16.2. Modification; Amendment No oral modifications shall be effective and nothing <br />shall be deemed as a modification of this Agreement unless provided in writing <br />by both Parties. <br />16.3. Entire Agreement. This Agreement sets forth the entire agreement between the <br />0 <br />