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?:...? ?,.. <br />Section 6. Binding Effect. <br />This Agreement is a legal, valid, and binding obligation enforceable in accordance with its terms. The <br />Agreement shall be binding upon the Parties and, as applicable, any and all representatives, heirs, <br />executors, administrators, successors and assigns, officers, officials, members, agents, employees, <br />representatives, attorneys, successors, and assigns. <br />Section 7. Waiver. <br />Any waiver by a party of any term of this Agreement shall not be deemed a waiver of any other term. No <br />term or terms of this Agreement may be waived except by means of a written waiver signed by each of <br />the parties hereto. <br />Section 8. Severabilitv. <br />If any portion of this Agreement is held invalid by operation of law, the remaining terms of this <br />Agreement shall not be affected. <br />Section 9 Indemni <br />Plaintiff shall indemnify, defend, and hold harmless the City from and against any and all claims of <br />Plaintiff's lower-tier subcontractors and suppliers, including C. A. Agresta Construction, to recover the <br />value of labor, materials, and equipment furnished in furtherance of the improvements that are the subject <br />of the Lawsuit. <br />Section 10. Entire Agreement. <br />This Agreement: (1) constitutes the entire agreement between the Parties with respect to the subject <br />matter hereof and supersedes any prior agreements, understandings, conditions, representations, or <br />warranties, whether aral or written, with respect to the subject matter hereof; (2) may not be explained or <br />supplemented by evidence of consistent additional terms ar contradicted by evidence of any prior <br />contemporaneous agreement. The Parties further state that they have not relied on, nor have they been <br />induced to execute this Agreement by any statements or representations, agreement ar provisions, oral or