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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 terns of this <br />Agreement. <br />IN WITNESS WHEREOF, the parties have executed this Agreement, in the Co>mty of Orange, <br />State of California. <br />CITY OF SANTA ANA <br />BY: DATED: <br />BY: <br />ATTEST: <br />BY: DATED: <br />CITY CLERIC <br />APPROVED AS TO FORM: <br />BY: DATED: <br />CITY ATTORNEY <br />CITY OF SANTA ANA 7 of 7 <br />