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` . <br /> 16.4 No waiver by FGA or CLIENT of any condition or breach of any term, covenant,representation, or <br /> warranty contained in this Agreement or any document referred to herein shall, whether by conduct or <br /> otherwise,be construed as a waiver or release of any other term, covenant, condition, or warranty. <br /> 16.5 This Agreement may be amended only in a written agreement signed by FGA and CLIENT. <br /> 16.6 Except as otherwise explicitly set forth in Section 8, nothing in or under this Agreement shall be <br /> construed to give any rights or benefits of this Agreement to anyone other than CLIENT or FGA, and all <br /> duties and responsibilities undertaken pursuant to this Agreement shall be for the sole and exclusive <br /> benefit of CLIENT and FGA and not for the benefit of any other party. <br /> 16.7 The invalidity or partial invalidity of any portion of this Agreement shall not invalidate the <br /> remainder thereof, and the remainder shall be construed as if the invalidated portion shall have never <br /> been part of this Agreement. <br /> Fehr-Graham& Associates,LLC: CITY F D <br /> L <br /> BY: J L P. ZIRKLE, P.G. BY. MICHAEL . Mc ELROY <br /> PRINCIPA MAYO <br /> Date Date <br /> ATTEST? <br /> City Cler <br /> 8 2/15/2012 <br />