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