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16. NON-WAIVER <br /> A. The waiver by any owner or the City of the breach of any <br /> ll , <br /> provision of this Agreement by the other party will not operate <br /> or be construed as a waiver of any subsequent breach by either <br /> party or prevent either party from thereafter enforcing any such <br /> 1 provision. <br /> 17. EFFECTIVE DATE <br /> A. This Agreement shall become effective only upon the occurrence of <br /> all of the following: <br /> 1) The zoning ordinance affecting the subject property <br /> becoming effective; <br /> 2) The property owner(s) identified herein have executed this <br /> Agreement and submitted it to the City within thirty days <br /> of the date of passage of the subject zoning ordinance <br /> affecting the subject property; and <br /> 3) The City has executed this Agreement. <br /> -10- <br />