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<br />26.3 Entire Aoreement: This Agreement constitutes the entire agreement between the <br />CONTRACTOR and the COUNTY and there are no agreements, <br />understandings, warranties, or representations between the parties except as <br />provided herein. <br /> <br />26.4 Bindino Effect: This Agreement will inure to the benefit of and bind the respective <br />parties, their successors, personal representatives and permitted assigns. <br /> <br />26.5 Headinos: The headings in this Agreement are inserted for convenience of <br />reference only and are not to be used in construing or interpreting any provisions <br />of this Agreement. <br /> <br />26.6 Invalidity: If any term, provision, covenant or condition of this Agreement, or any <br />application thereof, should be held by a court of competent jurisdiction to be <br />invalid, void, or unenforceable, all terms, provisions, covenants, and conditions of <br />this Agreement, and all applications thereof, not held invalid, void, or <br />unenforceable, shall continue in full force and effect and shall in no way be <br />affected, impaired or invalidated thereby. The laws of the State of California shall <br />apply to the enforcement of this Agreement. <br /> <br />26.7 Delay in Commencement: If the delay in the commencement date of this <br />Agreement is caused by events outside the direct and immediate control of the <br />parties hereto, neither party shall be liable to the other for any loss caused by <br />such delay. <br /> <br />26.8 Waiver: The failure of either party to insist upon strict performance of any of the <br />terms, covenants or conditions of this Agreement in anyone or more instances <br />shall not be construed as a waiver or relinquishment of any such terms, <br />covenants or conditions, and all of the same shall be and remain in full force and <br />effect. <br /> <br />26.9 Third Party Beneficiary: This Agreement shall not be deemed to have been <br />made for the express or implied benefit of any person who is not a party hereto. <br /> <br />26.10 Modification of Aoreement: From time to time, amendments or modifications to <br />the provisions of this Agreement may be initiated by either party hereto and may <br />be incorporated into this Agreement by mutual consent and in writing as <br />evidenced by resolution of the Board of Supervisors approving such modification. <br /> <br />Page 14of17 <br />