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void and of no effect and that neither of them has relied on such statements or representations in <br />connection with its dealings with the other. <br />12.4 It is agreed that no waiver or modification of this Agreement or of any covenant, <br />condition, or limitation contained in it shall be valid unless it is in writing and duly executed by <br />the party to be charged with it, and that no evidence of any waiver or modification shall be <br />offered or received in evidence in any proceeding, arbitration, or litigation between the parties <br />arising out of or affecting this Agreement, or the rights or obligations of any party under it, <br />unless such waiver or modification is in writing, duly executed as above. The parties agree that <br />the provisions of this paragraph may not be waived except by a duly executed writing. <br />12.5 If any provision of this Agreement or the application thereof to any person or <br />circumstances is held invalid, such invalidity shall not affect other provisions or applications of <br />this Agreement which can be given effect without the invalid provision or application, and to this <br />end the provisions of this Agreement are severable. In lieu thereof there shall be added a <br />provision as similar in terms to such illegal, invalid and unenforceable provision as may be <br />possible and be legal, valid and enforceable. <br />12.6 The interpretation, construction and enforcement of the provisions of this <br />Agreement shall be made in strict conformance with the laws of the State of Ohio and the <br />Ordinances of the City of North Olmsted. <br />12.7 This Agreement shall be construed to inure to the benefit of, and be binding upon, <br />all of the parties, and their respective successors in interest and assigns. <br />SECTION 13. CONTRACT DOCUMENTS; PRIORITY SCHEDULE. <br />13.1 The Contract consists of the CONTRACT DOCUMENTS listed below which are <br />incorporated herein by reference. In the event that any provision of one Contract Document <br />conflicts with the provision of another Contract Document, the provision in the Contract <br />Document first listed below shall govern over any other Contract Document which follows it <br />numerically, except as otherwise specifically stated: <br />1. Contract (this Instrument). <br />2. Written Modifications or Addenda to Contract (if any, and if approved by both <br />parties). <br />3. City's Specifications. <br />4. Contractor's Proposal. <br />