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16. Entire Agreement; Amendment; Waiver. This Agreement is the final expression of <br />the Parties' agreement with respect to the retention of the Provider by City for the services <br />specified herein and may not be contradicted by evidence of any prior or contemporaneous <br />agreement. This Agreement may be modified or amended only by a written instrument signed by <br />both Parties. By an instrument in writing similarly executed, either party may waive compliance <br />by the other party with any provision of this Agreement that such other party was or is obligated <br />to comply with or perform, provided, however, that such waiver shall not operate as a waiver of, <br />or estoppel with respect to, any other or subsequent failure. No failure to exercise and no delay in <br />exercising any right, remedy, or power hereunder shall operate as a waiver thereof, nor shall any <br />single or partial exercise of any right, remedy, or power hereunder preclude any other or further <br />exercise thereof or the exercise of any other right, remedy, or power provided herein or by law or <br />in equity. <br />[Signature page follows] <br />5 <br />