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'r <br /> (c) Any word in this Agreement which is expressed in the masculine or neuter gender <br /> shall be deemed to include the masculine, feminine and neuter genders. Any word herein which is <br /> expressed in the singular or plural number shall be deemed, whenever appropriate in the context,to <br /> p � <br /> include the singular and the plural. <br /> (d) The present Agreement is the product of negotiations between the parties hereto,and <br /> no rule or interpretation or construction shall be used to provide or suggest that any ambiguity be <br /> construed in favor of, or against, any party hereto. <br /> 4. Effective Date. This Agreement shall become effective and binding, and all <br /> duties, obligations, rights and interests described herein shall commence no earlier than the date <br /> upon which the present document is executed by an authorized representative of the City, at which <br /> time, said representative shall insert the date of such execution into the opening paragraph of the <br /> Agreement and which date shall thereafter be deemed conclusively as the"Effective Date"hereof. <br /> Prior to execution by an authorized representative of the City, the present document, together with <br /> all prior and contemporaneous statements, representations, discussions, negotiations, writings or <br /> communications shall be deemed, for all purposes, to be null and void and of no effect, legal or <br /> otherwise. <br /> 5. General Warranties by the Citv. The City hereby warrants and covenants as <br /> follows: <br /> (a) it enters into the Agreement with full and complete <br /> knowledge and understanding of the terms and obligations herein and <br /> without any misunderstanding, confusion or mistake; <br /> (b) entry into the Agreement by the City, and/or performance <br /> hereof, is not a breach of any other agreement, understanding, <br /> contract or memorandum of understanding to which the City is,or has <br /> been, a party; <br /> (c) it has possessed the opportunity to examine, review and <br /> understand the terms of the Agreement, and the City likewise has <br /> possessed the opportunity to seek such advice, guidance and <br /> assistance, whether legal or otherwise, as deemed appropriate by the <br /> City under the circumstances; and <br /> (d) those Recitals set forth above and designated as Recitals A-D, <br /> inclusive,are true and accurate. <br /> -3- <br />