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contract without any further obligation to CONTRACTOR. Any such termination for <br /> default shall not in any way operate to preclude the CITY from also pursuing all <br /> available remedies against CONTRACTOR and its sureties for said breach or default. <br /> D. In the event that the CITY elects to waive its remedies for any breach by <br /> CONTRACTOR of any covenant,term or condition of this Agreement, such waiver <br /> by the CITY shall not limit the CITY's remedies for any succeeding breach of that or <br /> of any other term, covenant, or condition of this Agreement. <br /> 24. SEVERABILITY AND INTENT <br /> Should any provision or portion of this Agreement be declared to be unconstitutional, <br /> invalid,or beyond the authority of either party to enter into or carry out,under any applicable <br /> statute or rule of law, such provision or portion shall be deemed stricken, and such decision <br /> shall not affect the validity of the remainder of this Agreement,which shall continue in full <br /> force and effect. <br /> Except as is expressly provided herein, this Agreement is not intended to be a third party <br /> beneficiary Agreement and confers no rights on anyone other than the CITY and <br /> CONTRACTOR. <br /> 25. ASSIGNMENT <br /> This Agreement shall not be assigned,transferred,hypothecated or pledged by either party <br /> without the prior written consent of the other party. However, this Agreement shall be <br /> binding upon the successors or assigns of the respective parties. <br /> 26. NOTICE <br /> All notices required hereunder shall be deemed to be made when deposited with the U.S. <br /> Postal Service, postage prepaid, and addressed as follows: <br /> 15 <br />