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, . , <br /> 5.9 AssiQnment. Neither this Termination Agreement, nor any of the terms and <br /> conditions hereof, nor the performance of any of the obligations required by any of the terms and <br /> conditions hereof can be assigned by a Party without the prior written consent of the other <br /> Parties. Such consent shall not be unreasonably withheld. <br /> 5.10 Use of Agreement as Evidence. This Termination Agreement cannot be <br /> introduced as evidence in any administrative or legal proceeding by any person or entity, other <br /> than by a Party to this Agreement for the purpose of enforcing the terms and provisions hereof. <br /> 5.11 Waiver. No waiver by any Party of any breach of this Termination Agreement <br /> shall be deemed a waiver of any other similar or dissimilar subsequent breach. <br /> 5.13 No Third Partv Beneficiary. Nothing herein, express or implied, is intended to or <br /> shall be construed to confer upon or give to any person or entity, other than the Parties to this <br /> Termination Agreement, any right or remedy under or by reason of this Termination Agreement. <br /> 5.14 No Partnership. This Termination Agreement is not intended and shall not be <br /> construed to create any association, trust partnership, joint venture, agency or any other <br /> relationship between or among the Parties. <br /> 5.15 Termination of the Site Participation A�reement. This Termination Agreement <br /> effects the termination of the Site Participation Agreement with respect to the Carveout Area, <br /> subject to the survival of Articles 9, 10 and 13 of the Site Participation Agreement. This <br /> Termination Agreement notwithstanding, none of the terms and provisions of the Site <br /> Participation Agreement are terminated with respect to the City Property. <br /> 5.16 Insurance. The Parties do not intend for this Termination Agreement to prejudice <br /> any Party with respect to its insurers and, by entering into this Termination Agreement anticipate <br /> that the actions taken pursuant to this Termination Agreement will benefit such insurers. If any <br /> 7 <br />