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allowed by law,to indemnify, defend and hold harmless the City and all of its officers, agents, an <br /> employees, from any and all liability, claims, suits, charges,judgements, loss or damage, including <br /> reasonable cost of defense they may suffer as a result of claims, demands, actions, or damages to <br /> any and all persons or property, costs or judgments against the City, its officers, agents and/or <br /> employees which result from, arise out of, or are in any way connected with the services to be <br /> performed by the Subrecipient under this Agreement or the subject matter called for in this <br /> Agreement. This section shall survive the expiration or termination of this Agreement. <br /> XXX. Section Headings and Subheadings <br /> The section headings and subheadings contained in this Agreement are included for convenience only <br /> and shall not limit or otherwise affect the terms of this Agreement. <br /> XXXI. Waiver <br /> The City's failure to act with respect to a breach by the Subrecipient does not waive its right to act <br /> with respect to subsequent or similar breaches. The failure of the City to exercise or enforce any right <br /> or provision shall not constitute a waiver of such right or provision. <br /> XXXII. Entire Agreement <br /> This agreement constitutes the entire agreement between the City and the Subrecipient for the use <br /> of funds received under this Agreement and it supersedes all prior or contemporaneous <br /> communications and proposals, whether electronic, oral, or written between the City and the <br /> Subrecipient with respect to this Agreement. <br />