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This section is specifically and expressly intended to constitute a waiver of Subrecipient 's <br /> immunity under Washington's Industrial Insurance Act, RCW Title 51, to the full extent <br /> necessary to provide the City with a full and complete indemnity from claims made by <br /> Subrecipient and its employees, to maximum extent allowed by law. THE SUBRECIPIENT <br /> AND CITY ACKNOWLEDGE THAT THE INDEMNIFICATION PROVISIONS OF THIS <br /> SECTION WERE SPECIFICALLY NEGOTIATED AND AGREED UPON BY THEM. <br /> XXX. Section Headings and Subheadings <br /> The section headings and subheadings contained in this Agreement are included for <br /> convenience only 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 <br /> to act with respect to subsequent or similar breaches. The failure of the City to exercise or <br /> enforce any right 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 <br /> the use of funds received under this Agreement and it supersedes all prior or <br /> contemporaneous communications and proposals, whether electronic, oral, or written <br /> between the City and the Subrecipient with respect to this Agreement. <br />