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12.6 No Waiver. A Party's forbearance or delay in exercising any right or remedy with <br /> respect to a default by the other Party under this Agreement shall not constitute a waiver of the <br /> default at issue. Nor shall a waiver by either Party of any particular default constitute a waiver of <br /> any other default or any similar future default. <br /> 12.7 No Assignment. This Agreement shall not be assigned, either in whole or in part, <br /> by either Party without the express written consent of the other Party, which may be granted or <br /> withheld in 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 Agreement. <br /> 12.8 Warranty of Authority. Each of the signatories hereto warrants and represents that <br /> he or she is competent and authorized to enter into this Agreement on behalf of the other Party for <br /> whom he or she purports to sign this Agreement. <br /> 12.9 No Joint Venture. Nothing contained in this Agreement shall be construed as <br /> creating any type or manner of partnership, joint venture or other joint enterprise between the <br /> Parties. <br /> 12.10 No Third Party Beneficiaries. This Agreement and each and every provision hereof <br /> are for the sole benefit of the City and the District. No other persons or parties shall be deemed to <br /> have any rights in, under or to this Agreement. <br /> 12.11 Execution in Counterparts. This Agreement may be executed in two or more <br /> counterparts, each of which shall constitute an original and all of which shall constitute one and <br /> the same agreement. <br /> IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first <br /> above written. <br /> PUBLIC UTILITY DISTRICT NO.1 CITY OF EVERT-FT <br /> :;:H::cOUNTY <br /> By. <br /> John Haarlow assie Franklin <br /> CEO/AGM Mayor <br /> Date: 10/13/2021 Date: /C / 6r1/ -� <br /> Approved as to Form: Approved as to Form: <br /> It/Wan-ay Cice cfthe City A:tcrrey <br /> AFFROVED A.S.TC`FORM <br /> Date:10/13/2021 Date: David C.hell,C.y Attcrrey <br /> 8 <br /> AT <br /> City Clerk <br />