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not work days. All references to Developer include all personnel, employees, agents, and
<br />subcontractors of Developer, except as otherwise specified in this Agreement. All references to
<br />City include its elected officials, officers, employees, agents, and volunteers except as otherwise
<br />specified in this Agreement. The captions of the various articles and paragraphs are for
<br />convenience and ease of reference only, and do not define, limit, augment, or describe the scope,
<br />content, or intent of this Agreement.
<br />20.4 Notices. All notices, demands, invoices, and written communications
<br />shall be in writing and delivered to the following addresses or such other addresses as the Parties
<br />may designate by written notice:
<br />CITY:
<br />Attn:
<br />DEVELOPER:
<br />Me> gap!Gar csc
<br />m7-1�-
<br />Ss
<br />Leer a -a -s, 6A 41X?03
<br />Attn: 170
<br />Depending upon the method of transmittal, notice shall be deemed received as follows: by
<br />facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail
<br />first class postage prepaid, as of 72 hours after deposit in the U.S. Mail.
<br />20.5 Amendment• Modification. No supplement, modification, or amendment
<br />of this Agreement shall be binding unless executed in writing and signed by both Parties.
<br />20.6 Waiver. City's failure to insist upon strict compliance with any provision
<br />of this Agreement or to exercise any right or privilege provided herein, or City's waiver of any
<br />breach of this Agreement, shall not relieve Developer of any of its obligations under this
<br />Agreement, whether of the same or similar type. The foregoing shall be true whether City's
<br />actions are intentional or unintentional. Developer agrees to waive, as a defense, counterclaim or
<br />set off, any and all defects, irregularities or deficiencies in the authorization, execution or
<br />performance of the Public Improvements or this Agreement, as well as the laws, rules,
<br />regulations, ordinances or resolutions of City with regards to the authorization, execution or
<br />performance of the Public Improvements or this Agreement.
<br />20.7 Assignment or Transfer of Agreement. Developer shall not assign,
<br />hypothecate, or transfer, either directly or by operation of Iaw, this Agreement or any interest
<br />herein without prior written consent of City. Any attempt to do so shall be null and void, and
<br />any assignee, hypothecatee, or transferee shall acquire no right or interest by reason of such
<br />attempted assignment, hypothecation, or transfer. Unless specifically stated to the contrary in
<br />City's written consent, any assignment, hypothecation, or transfer shall not release or discharge
<br />Developer from any duty or responsibility under this Agreement.
<br />20.8 BindingEms. Each and all of the covenants and conditions shall be
<br />binding on and shall inure to the benefit of the Parties, and their successors, heirs, personal
<br />representatives, or assigns. This section shall not be construed as an authorization for any Party
<br />to assign any right or obligation.
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