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DocuSign Envelope ID:06CC5756-85D6-4B22-92FD-F6421337EFD7 <br /> (provided the fax machine has issued a printed confirmation of receipt). All notices or <br /> requests must be sent to the Designated Representatives listed in Exhibit D. <br /> 12.8 Waiver of Default <br /> A Party's waiver of the other Party's default will not be deemed to be a waiver of any <br /> subsequent default. Waiver of breach of a provision of this Agreement, including failure <br /> to require full and timely performance of any provision will not be deemed to be a waiver <br /> of any other subsequent breach and will not be construed to be an amendment of the <br /> terms of this Agreement unless stated to be such in writing, signed by authorized <br /> representatives. <br /> 12.9 Assignment <br /> No Party may assign any interest, obligation, or benefit in this Agreement or transfer any <br /> interest in the same, whether by assignment or novation, without prior written consent <br /> by the other Party. <br /> 12.10 Binding on Successors and Assigns <br /> All of the terms, provisions and conditions of this Agreement are binding upon and inure <br /> to the benefit of the Parties and their respective successors, permitted assigns and legal <br /> representatives. <br /> 12.11 Severability <br /> If any of the terms and conditions of this Agreement is determined to be invalid or <br /> unenforceable by a court of competent jurisdiction, the remaining unaffected terms and <br /> conditions will remain in full force and effect. The Parties will negotiate in good faith to <br /> reform the Agreement to replace any invalid or unenforceable term or condition with a <br /> valid and enforceable term or condition that comes as close as possible to the intention <br /> of the stricken term or condition. <br /> 12.12 Warranty of Right to Enter into Agreement <br /> The Parties each warrant they have the authority to enter into this Agreement and that <br /> the persons signing this Agreement have the authority to bind such person's Party. <br /> 12.13 Publicity/Communications <br /> The Parties may not make any formal press releases, news conferences or similar public <br /> statements concerning this Agreement without prior notification of the other Party. <br /> 12.14 Exhibits <br /> All exhibits referenced in and attached to this Agreement are incorporated by this <br /> reference, except as otherwise provided. <br /> 12.15 Amendments <br /> Amendments to this Agreement must be in writing and signed by an authorized representative <br /> of each of the Parties. The Executive Director of Operations or his/her designee, and the Mayor <br /> of Everett or his/her designee may execute amendments and revisions to the Agreement and <br /> its Exhibits of an administrative or management nature <br /> GA 0127-20 Page 12 of 24 <br />