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singular number shall include the plural number, and vice versa, and the use of any gender shall <br /> be applicable to all genders. <br /> 13.5 Severability. If any provision of this Agreement or the application thereof to any <br /> person or circumstance shall, for any reason and to any extent, be found invalid or <br /> unenforceable, the remainder of this Agreement and the application of that provision to other <br /> persons or circumstances shall not be affected thereby,but shall instead continue in full force and <br /> effect,to the extent permitted by law. <br /> 13.6 No Waiver. A Party's forbearance or delay in exercising any right or remedy <br /> with respect to a Default by the other Party under this Agreement shall not constitute a waiver of <br /> the default at issue. Nor shall a waiver by either Party of any particular Default constitute a <br /> waiver of any other default or any similar future default. <br /> 13.7 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 <br /> the preceding sentence shall be null and void and shall constitute a default under this Agreement. <br /> 13.8 Warranty of Authority. Each of the signatories hereto warrants and represents <br /> that he or she is competent and authorized to enter into this Agreement on behalf of the other <br /> Party for whom he or she purports to sign this Agreement. <br /> 13.9 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 /> 13.10 No Third Party Beneficiaries. This Agreement and each and every provision <br /> hereof are for the sole benefit of the City and the District. No other persons or parties shall be <br /> deemed to have any rights in,under or to this Agreement. <br /> 13.11 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 /> 11 <br />