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such that the purpose of the invalidated or voided provision, covenant, and condition can be <br />accomplished to the maximum extent legally permissible; provided, however, that in no event shall <br />either Party be required to agree to an amendment or modification of this Agreement that materially <br />adversely impacts its rights or materially increases its obligations or risks as set forth herein. <br />11. WAIVER. <br />No waiver of any right or remedy by a Party with respect to any occurrence or event under <br />this Agreement shall constitute a continuing waiver or be deemed a waiver of any right or remedy in <br />respect to any other or subsequent occurrence or event. <br />12. ENTIRE AGREEMENT. <br />This Agreement (including the Exhibits hereto) constitutes the entire understanding and <br />agreement of the Parties and supersedes all previous negotiations, discussions and agreements <br />between the Parties relative to the joint use of sanitary sewers. <br />13. COUNTERPARTS. <br />This Agreement may be executed in counterparts, each of which shall be deemed an original <br />and all of which shall constitute but one and the same instrument. <br />14. RECITALS. <br />The Recitals above are hereby incorporated into this section as though fully set forth herein <br />and each Party acknowledges and agrees that such Party is bound, for purposes of this Agreement, <br />by the same. <br />25D-24 <br />579683.1 10 <br />