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10.10 Waiver in Writing <br />No waiver of any provision of this Agreement or any breach of this Agreement shall be <br />effective unless such waiver is in writing and signed by the waiving party and any such waiver <br />shall not be deemed a waiver of any other provision of this Agreement or any other or subsequent <br />breach of this Agreement. <br />10.11 No Partnership <br />Nothing contained in this Agreement is intended to create, or shall in any event or under <br />any circumstance be construed as creating, a partnership or a joint venture between BART and <br />City. <br />10.12 Exhibits: Successors; Time of Essence; Counterparts; Amendments <br />The Exhibits attached to this Agreement are made a part of this Agreement. This <br />Agreement shall benefit and bind BART and City and their respective personal representatives, <br />heirs, successors, and assigns. Time is of the essence of this Agreement. This Agreement may be <br />executed in counterparts, each of which shall be an original, but all of which shall constitute one <br />and the same Agreement. This Agreement may not be amended or modified except by a written <br />instrument signed by BART and City. <br />SIGNATURES ON FOLLOWING PAGE <br />ADMINLF.GAL 122651.3 <br />