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ARTICLE VII: MISCELLANEOUS <br /> SECTION 7.01 WAIVER OF NOTICE <br /> No failure or delay on the part of the City in exercising any right, power, or <br /> remedy hereunder shall operate as a waiver thereof, nor shall any single or partial <br /> exercise of any such right, power, or remedy preclude any other or further exercise <br /> thereof or the exercise of any other right, power, or remedy hereunder. No <br /> modification or waiver of any provision of this Agreement nor any consent to any <br /> departure by the Contractor therefrom, shall in any event be effective unless the same <br /> shall be in writing, and then such waiver or consent shall be effective only in the <br /> specific instance and for the specific purpose for which given. No notice to or <br /> demand on the Contractor in any case shall entitle the Contractor to any other or <br /> further notice or demand in similar or other circumstances. <br /> SECTION 7.02 AMENDMENTS - WRITING REQUIRED <br /> The City hereby expressly reserves all rights to amend any provisions of this <br /> Agreement, to consent to or waive any departure from the provisions of this <br /> Agreement, provided, however, that all such amendments be in writing and executed <br /> by City to Contractor. <br /> SECTION 7.03 NOTICES <br /> All notices, consents, requests, demands, and other communications hereunder <br /> shall be in writing and shall be deemed to have been duly given to a party hereto if <br /> mailed by certified mail, prepaid, sent by Federal Express, or sent by facsimile <br /> machine (with original document sent by certified mail) to City address set forth at <br /> the end of this Agreement, and to the Contractor at the address set forth at the end <br /> of this Agreement or at such other addresses as any party may have designated in <br /> writing to any other party hereto. This section does not limit other means of <br /> delivering written notice if said notices are actually received. <br /> SECTION 7.04 EXHIBITS <br /> All exhibits, documents, and agreements mentioned in this Agreement shall be <br /> deemed incorporated herein by reference as though fully set forth herein. <br /> SECTION 7.05 SUCCESSORS AND ASSIGNS <br /> This Agreement shall be binding upon the Contractor, its Successors, and <br /> 14 <br />