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enforcement and penalty provisions associated with the violation of the City Zoning <br /> Code. <br /> 2.5. Entire Agreement; Amendments. This Agreement supersedes the entire <br /> agreement between the parties executed August 23, 2005. This Amended Agreement sets <br /> forth the entire agreement of the parties. This Agreement shall be construed as a whole. <br /> No amendment, change or modification of any provision of this Agreement shall be valid <br /> unless set forth in writing and signed by both parties. <br /> 2.5. Non-waiver; Severability. The failure of either party to insist upon or <br /> enforce strict performance by the other party of any of the provisions of this Agreement <br /> or to exercise any rights or remedies under this Agreement shall not be construed as a <br /> waiver or relinquishment to any extent of such party's right to assert or rely upon any <br /> such provisions or rights in that or any other instance; rather, the same shall be and <br /> remain in full force and effect. The invalidity or unenforceability of any provision 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 /> 2.6. Recording; Binding on Successors and Assigns. This Agreement shall be <br /> 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 /> 2.7. Implementation. Each party shall take such action (including, but not <br /> limited to the execution, acknowledgment and delivery of documents) as may reasonably <br /> be requested by the other party for the implementation or continuing performance of this <br /> Agreement. <br /> 13 <br />