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under applicable law or regulation, such provision shall be inapplicable and _ <br /> deemed omitted to the extent so contrary, prohibited, invalid or unenforceable,but <br /> the remainder of such provision, and this Agreement shall not be invalidated or <br /> rendered unenforceable thereby, and shall be given full force and effect so far as <br /> possible. <br /> L. No Waiver. The failure or delay of either party at any time to require <br /> performance by the other party of any provision of this Agreement shall not affect <br /> the right of such party to subsequently require performance of that provision or to <br /> exercise any right, power or remedy hereunder. Waiver by either party of a <br /> breach of any provision of this Agreement shall not be construed as a waiver of <br /> any continuing or succeeding breach of such provision, a waiver of the provision <br /> itself, or a waiver of any right, power or remedy under this Agreement. No notice <br /> to or demand on either party in any event shall, of itself, entitle such party to any <br /> other or further notice or demand in similar or other circumstances, except as <br /> otherwise herein provided. <br /> M. Waiver of Subrogation. The City and BCG hereby release and relieve the other <br /> and their agents and waive their entire claim of recovery against each other from <br /> any loss, damage or injury arising out of or incident to any of the perils included <br /> in or covered by contracts or policies of fire, extended coverage and vandalism <br /> insurance in current practice owned by the parties to the extent said loss is <br /> covered by such policies, whether due to the negligence of either of the parties, <br /> their agents or employees or otherwise. <br /> N. No Partnership. Nothing in this Agreement shall be construed to create a <br /> partnership,joint venture or employer-employee relationship between the parties. <br /> The parties acknowledge that the relationship of BCG to City is that of an <br /> independent contractor. Except as expressly provided herein, nothing in this <br /> Agreement shall be construed to permit anyone other than the parties hereto and <br /> their successors and assigns to rely upon the covenants and agreements herein <br /> contained nor to give any such third party a cause of action (as a third party <br /> beneficiary or otherwise) on account of any nonperformance hereunder. <br /> 0. No Exclusive Remedy. No remedy herein conferred upon either party is intended <br /> to be exclusive of any other remedy, and each and every remedy shall be <br /> cumulative and shall be in addition to every other remedy given hereunder or now <br /> or hereafter existing at law or in equity. <br /> P. Time. If the last day for performance of any of the provisions of this Agreement, <br /> during a stated period of days, shall fall on a Saturday, Sunday or holiday <br /> observed by either party, the final day for performance shall be the following <br /> weekday on which both parties would normally be open for the conduct of <br /> business. <br /> Q. Authority. Each party hereby represents to the other party that it has the right, <br /> power, authority, and financial ability to enter into this Agreement and to perform <br /> its obligations under this Agreement, and that it is not restricted by agreement or <br /> otherwise from entering into and performing this Agreement. <br /> 67 23 <br />