2004-038 Ordinance - Laserfiche WebLink

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has relied on such statements or representations in connection with its dealings with the other. 12.4 It is agreed that no waiver or modification of this Agreement or of any covenant, condition, or limitation containesi in it sha11 be valid unless it is in writintr and duly executed by the party to be charged with it, and that no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this Agreement, or the rights or obligations of any party under it, unless such waiver or modification is in writing, duly executed as above. The parties agree that the provisions of this paragraph may not be wa.ived except by a duly executed writing. 12.5 If any provision of this Agreement or the application thereof to any person or circumstances is held invalid, such invalidity sha11 not affect other provisions or appiications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. gn lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable. 12.6 The interpretation, construction and enforcement of the provisians of this Ag-reement shall be made ia1 strict conformance vvith the laws of the State of Ohio and the Ordinances of the City of North Olmsted. 12.7 This Agreernent shall be construed to inure to the benefit of, and be binding upon, all of the parties, and their respective successors in interest and assigns. IN WITATESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year, and at the place abave first written. CITY: ' CUNTRACTOR: CITY OF NORTH OLMSTED, OHIO NORMAN T.IVIUSIAL NIAYOR JERRY LUDVIIK DATE DATE