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11. Assignment of Receivables. The Company reserves the right to assign any <br /> outstanding receivables from this Contract to its Bank or other Lending Institutions as collateral for any <br /> loans or lines of credit. <br /> 12. Miscellaneous Items. No modifications, amendments, or alterations of this <br /> Contract may be made except in writing signed by all the parties to this Contract. No failure or delay on <br /> the part of any party hereto in exercising any power or right hereunder shall operate as a waiver <br /> thereof. The parties expressly warrant that the individuals who sign below are authorized to bind them. <br /> 13. Visual Inspection Disclaimer. This Contract is based upon a visual inspection of the <br /> Tank. The Owner and the Company hereby acknowledge and agree that a visual inspection is <br /> intended to assess the condition of the Tank for all patent defects. If latent defects are identified once <br /> the tank has been drained for repairs, the Owner agrees and acknowledges that the Company shall not <br /> be responsible to repair the latent defects unless the Owner and the Company renegotiate the annual <br /> fees. The definition of a "latent defect" shall be any defect of the Tank which is not easily discovered <br /> (e.g., corrosion of the floor plates, corrosion in areas not accessible to maintain, damage to the roof of <br /> the tank which is not clearly visible during the visual inspection, etc.). <br /> 14. Counterparts. This Agreement may be executed in counterparts, each of which <br /> shall be deemed an original, but all of which taken together shall constitute one and the same <br /> Agreement. The Parties may utilize electronic means (including facsimile and e-mail) to execute and <br /> transmit the Agreement and all such electronically executed and/or transmitted copies of the <br /> Agreement shall be deemed as valid as originals. <br /> 15. Entire Agreement. This Agreement constitutes the entire agreement of the parties and <br /> supersedes all prior communications, understandings, and agreement relating to the subject matter <br /> hereof, whether oral or written. <br /> This Contract is executed and effective as of the date last signed by the parties below. <br /> OWNER: COMPANY: <br /> City of Decatur Utility Service Co., Inc. <br /> B : By: <br /> Title: a O r Title: Senior VP Advanced Solutions LOB <br /> Print Name: (lam ( �� Print Name: Jonathan Cato <br /> Date: (.D D �'fi Date: May 11, 2021 <br /> Witness: Witness: Sym � <br /> C•CQ ��i <br /> Seal: Sea l•: :yam% <br /> ��jllf 111ttt Page 5 of 7 <br /> ©2020 Utility Service Co.,Inc. <br /> Rev.09/20 <br />