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11 <br /> convenience and are not intended to affect the interpretation of the provisions of this <br /> Agreement. This Agreement shall be construed so that wherever applicable the use of the <br /> singular number shall include the plural number, and vice versa,and the use of any gender <br /> shall be applicable to all genders. <br /> 12.4 Severability <br /> If any provision of this Agreement or the application thereof to any person or <br /> circumstance shall,for any reason and to any extent,be found invalid or unenforceable,the <br /> remainder of this Agreement and the application of that provision to other persons or <br /> circumstances shall not be affected thereby,but shall instead continue in full force and effect, <br /> to the extent permitted by law. <br /> 12.5 No Waiver <br /> A party's forbearance or delay in exercising any right or remedy with respect to a <br /> Default by the other party under this Agreement shall not constitute a waiver of the Default at <br /> issue. Nor shall a waiver by either party of any particular Default constitute a waiver of any <br /> other Default or any similar future Default. <br /> 12.6 Assignment <br /> This Agreement shall not be assigned,either in whole or in part,by either party <br /> without the express written consent of the other party,which may be granted or withheld in <br /> such party's sole discretion. Any attempt to assign this Agreement in violation of the <br /> preceding sentence shall be null and void and shall constitute a Default under this <br /> Agreement. <br /> 12.7 Warranty of Authority <br /> Each of the signatories hereto warrants and represents that he or she is competent and <br /> authorized to enter into this Agreement on behalf of the party for whom he or she purports to <br /> sign this Agreement. <br /> 12.8 No Joint Venture <br /> Nothing contained in this Agreement shall be construed as creating any type or <br /> manner of partnership,joint venture or other joint enterprise between the parties. <br /> 12.9 Exhibits <br /> The following Exhibits,which are attached to this Agreement, are incorporated herein <br /> and by this reference made a part of this Agreement: <br /> EXHIBIT A - Grant Document <br /> EXHIBIT B - Classroom Lecture Educational Program <br /> EXHIBIT C - Backyard Demonstration Educational Program <br /> IN1'ERLOCAL AGREEMENT FOR NATURAL YARD CARE pg. 13 <br /> PUBLIC OUTREACH AND EVALUATION PROCIIO& 03/05/2014 <br />