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CITY further acknowledges that the refusal of CITY to fulfill its obligations under this Agreement <br />would increase the financial burden of services on COUNTY and all remaining contracting cities. CITY <br />therefore agrees that it will fulfill its obligations hereunder and acknowledges that COUNTY and the <br />other cities acquiring Animal Care Services from COUNTY are relying on CITY'S stated agreement, <br />and the sharing of costs with CITY, in electing to acquire similar services. <br />VIII. THIRD PARTY BENEFICIARY <br />Except to the extent provided for in Section VII above with respect to other contracting cities, <br />neither party hereto intends that this Agreement shall create rights hereunder in third parties including, <br />but not limited to, any subcontractors or any clients provided services hereunder. <br />IX. WAIVER OF DEFAULT OR BREACH <br />Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any <br />breach of any provision of this Agreement shall not be considered a waiver of any subsequent breach. <br />Waiver of any default or any breach shall not be considered a modification of the terms of this <br />Agreement. <br />IN WITNESS WHEREOF, the parties have executed this Agreement, in the County of Orange, <br />State of California. <br />CITY OF SANTA ANA <br />M. <br />ATTEST: <br />ffiffi <br />CITY MANAGER <br />CITY CLERIC <br />APPROVED AS TO FORM: <br />DATED: <br />DATED: <br />BY: Cf/t L� <br />(9 tt' <br />DATED: .1r�t�, up <br />p <br />CITY ATTORNEY <br />City of Santa Ain % of 8 <br />25C -63 <br />