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this agreenient. In entering into this agreemetit, the City and Owner have relied on the recitals <br />representation and warranties contained in this agreement, <br />5. This agreement may not be modified except by a written agreement executed by the <br />City and Owner. No waiver of any condition. or covenant in this agreemont by either party shad <br />be effective unless made in writing, nor shall any waiver be deemed to 1111ply or constitute a <br />future waiver of the. sanie or any condition or covenant of this agreement. <br />W <br />6. This agreement shall beCOnstrued and enforced in accordance with the laws of the <br />State of Ohio, <br />7. Whenever a. word appears here in, in its singular form, such word shall include the <br />plural; and the masculine gender shall. include the femi-nine, and neuter genders, '-r-h* i$ ment <br />agree <br />shall be construed witbout regard. to any presumption or the rule per.111itting construction against <br />the party causing this agreement. to be drafted and shall not be construed more strictly in. favor of <br />or against either of the partied hereto. <br />8.. If any term or provision of this agreement or the application thereof to any person or <br />Circumstances shall. to an 'extent be invalid, or unenforceable the reminder of this ao-reement, or <br />Y 'I tz <br />the application. of such term or provision to persons or circumstances other than those as to <br />which it is held invalid or unenforceable,, shall not be affected thereby, and each term and <br />provision of this agreement shall be valid and enforceable to the fullest extent permitted by law. <br />IN WITNESS HEREOF,, the parries have executed this agreement for the reasons stated <br />herein and on the date(s) so noted below. <br />Date: <br />J <br />Date: - <br />Date: <br />Date: <br />Terese R. Brown <br />Michael P. S'um'in.er's . May , or <br />APPROVE D AS, TO LEGAL FORM <br />AND CORRECTNESS. <br />Jennifer L. Swallow, Chief Assistant LakV Director <br />