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Assigns, except that the Contractor may not assign or transfer its rights without prior written consent of City unless such assignment is to a limited partnership having Citizens Housing Corporation or its affiliate as the managing general partner. SECTION 7.06 COUNTERPARTS This Agreement and its exhibit incorporated herein may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 7.07 WAIVER Failure of City at any time to require performance by Contractor of any of the provisions of this Agreement shall in no way affect City's rights hereunder to enforce the same, or shall any waiver by City of any breach hereof be held to be a waiver of any succeeding breaches or a waiver of this non-waiver clause. SECTION 7.08 PROJECT ASSURANCES The Contractor hereby assures and certifies that he or she will comply with all regulations, policies, guidelines and requirements as they relate to the City of San Leandro program for disbursement of HOME Funds and to those requirements imposed by the City of San Leandro and the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. SECTION 7.09 BORROWER NO AGENT Except as City may specify in writing, Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Contractor shall have no authority, express or implied, pursuant to this Agreement to bind the City to any obligation whatsoever. SECTION 7.10 PRIOR AGREEMENTS SUPERSEDED This Agreement together with the Exhibits incorporated herein constitute the only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the subject matter of this Agreement. 15