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the applicstion of this provision to such c 4 persons or circumstances shall not be affectL-,-,ereby, but rather shall be enforced to the <br />greatest extent permitted by law. <br />SECTION 17. Entire Aereement. This Agreement and its Appendices and Attachments attached hereto contain the <br />entire understanding between the parties and supersedes any prior understandings, agreements, proposals and all other communications <br />between the parties relating to the subject matter of this Agreement, whether such shall be oral or written. <br />SECTION 18. Captions. Captions contained in this Agreement are included only for convenience of reference and <br />do not define, limit, explain or modify this Agreement or its interpretation, instruction or meanings and are in no way intended to be <br />construed as part of this Agreement. <br />SECTION 19. Notices. Except as otherwise provided hereunder, any notices required hereunder shall be in writing <br />and shall be deemed duly given when deposited in the mail, postage prepaid, return receipt requested, by the sending party to the other <br />party at the addresses set forth below or at such other addresses as party may from time to time designate by written notice to the other <br />parly. <br />SECTION 20. No Waiver. If either party hereto at any time fails to require performance by the other of any provision <br />of this Agreement, such failure shall in no way affect the right to require such performance at any time thereafter, nor shall the waiver <br />by either party of a breach or default under any provision of this Agreement, be construed to be a waiver of any subsequent breach or <br />default under that provision or any other provision of this Agreement. <br />SECTION 21. Acceptance bv Recipient. This Agreement must be signed by the ChiefExecutive Officer of the Recipient and <br />retumed to, and received by, the OPWC within forty-five (45) days of the date written on the first page of this Agreement. Failure of the <br />Recipient to return a fully executed copy of this Agreement to the OPWC within forty-five (45) days limit described herein will result <br />in this Agreement being declared null and void, and the OPWC funds committed herein will be returned to the District Public Works <br />Integrating Committee for reallocation. However, upon the Recipient presenting the Director with a written explanarion of the need to <br />extend this forty-five (45) day limit, the D'uector, in his sole discretion, may extend the forty-five (45) day limit. <br />SECTION22. Assignment. NeitherthisAgreementnoranyrights,dutiesorobligationsdescribedhereinshallbe assigned <br />by either party hereto without the prior written consent of the other party. <br />IN WITNESS WHEREDF, the parties hereto have executed this Agreement for Project # CAR04 as of the date first written above. <br />RECIPIENT <br />? <br />Hon. Thomas E. O'Grady/Mayor <br />? ado?Jn v?i? ? ?.vTc-R <br />L). nti M s rt??, (_014 ll y a'10 <br />City,,State & Zip Code <br />. , /1 <br />C.? <br />TNESS <br />GRANTOR <br />ST <br />CO ISSION <br />By: <br />W. Laurence Bii <br />OHIO PUBLIC WORKS <br />f <br />Ohio Public Works Commission <br />65 East State Street <br />Suite 312 <br />Columbus, OH 43215 <br />WI SS <br />APPROVED <br />FINANGE & . TRATIQN <br />9 <br />,.?