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to the C-1 zone shall be forfeited, and any use inconsistent with the C-1 zone shall be <br /> deemed a violation of the Zoning Code and be subject to all violation, enforcement and <br /> penalty provisions associated with the violation of the City Zoning Code. <br /> 2.7 Entire Agreement. This Agreement shall be construed as a whole. No <br /> amendment, change or modification of any provisions of this Agreement shall be valid <br /> unless set forth in writing and signed by both parties. <br /> 2.8 Non-waiver; Severability. The failure of either party to insist upon or <br /> enforce strict performance by the other party of any provisions of this Agreement or to <br /> exercise any rights or remedies under this Agreement shall not be construed as a waiver <br /> or relinquishment to any extent of such party's right to assert or rely upon any such <br /> provisions or rights in that or any other instance; rather, the same shall be and remain in <br /> full force and effect. The invalidity or unenforceability of any provisions of this <br /> Agreement shall not affect the other provisions hereof, and this Agreement shall be <br /> construed in all respects as if such invalid or unenforceable provisions were omitted. <br /> 2.9 Recording; Binding on assigns and Successors. This Agreement shall <br /> be recorded against the Property and shall be binding upon and inure to the benefit of the <br /> respective successors and assigns of the parties. <br /> 2.10 Implementation. Each party shall take such action (including, but not <br /> limited to the execution, acknowledgement and delivery of documents) as may <br /> reasonably be requested by the other party for the implementation or continuing <br /> performance of this Agreement. <br /> IN WITNESS WHEREOF, the parties hereto executed this Agreement the day <br /> and year first above written. <br /> 4 <br />