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b) The failure of PMS in any one or more instances to insist upon strict performance of any of the <br /> terms or provisions of this contract shall not be construed as a waiver or relinquishment, to any extent, of <br /> the right to assert or rely upon any such terms or provisions on any future occasions. If any term, <br /> provision or condition of this AGREEMENT is held to be invalid, void or unenforceable by a court of <br /> competent jurisdiction, the remainder of the AGREEMENT shall remain in full force and effect and in no <br />� way shall be affected, impaired or invalidated. <br /> (c) This AGREEMENT, constitutes the entire AGREEMENT between the parties hereto wiih respect to <br /> the subject matter hereof and shall supersede all previous negotiations, commitmenis and writings and no <br /> representation or statement not contained in this AGREEMENT shall be binding upon PMS as a warranty <br /> or otherwise. <br /> (d) The CLIENT agrees that because of the unique nature of the PRODUCT, irreparable harm will be <br /> W caused by a breach by the CLIENT of its obligations hereunder, that monetary damages will be <br /> inadequate to compensate for such harm, and that injunctive relief will be an appropriate remedy to <br /> enforce this AGREEMENT. <br /> (e) This AGREEMENT may not be released, discharged, modified or assigned, sublicensed or <br /> otherwise transferred or aitached in any way except by a written instrument ratified by a duly authorized <br /> representative of each of the parties. This AGREEMENT shall be governed by the laws of the Province <br /> of Ontario, and venue hereunder shall be in the Province of Ontario. The terms and conditions contained <br /> herein shall prevail notwithstanding any variance with the terms and conditions of any other submitted by <br /> the CLIENT. <br /> �I WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on this .�r, day of <br /> �m�� , (9�'i K . <br /> �-�-t-Q S � ; CITY OF DECATUR <br /> BY: /_�-/'',—� s';� .� <br /> WITNE M�y a/L <br /> � C�y,� � � e/UL <br /> PAVEMENT MANAGEMENT SYSTEMS LIMIT�D <br /> _ � <br /> � BY: , � � <br /> ITNESS M.A. Ka , Ph.D. <br /> President <br /> ��N� <br /> Francis R.P. Meyer, Ph.D. <br /> Vice President <br /> 3 <br />