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to the extent of such prohibition or invalidity, without invalidating the remainder of such <br />provision or the remaining provisions of this Agreement. <br />13. Waiver <br /> <br />No provision of this Agreement will be deemed waived, unless such waiver will be in <br />writing and signed by the party against which the waiver is sought to be enforced. The waiver <br />will not be construed to be a waiver of any succeeding breach of any such provision, a waiver <br />of the provision itself, or a waiver of any other provisions of this Agreement. No delay or <br />omission on the part of either party to exercise or avail itself of any right, power, or privilege <br />that it has or may have under this Agreement will operate as a waiver of any breach or default. <br />14. Time <br /> <br />Time is of the essence of this Agreement. <br /> <br />15. Entire Agreement <br /> <br />This Agreement sets forth the entire agreement and understanding between the Owner <br />and the City as to the subject matter hereof, and merges and supersedes all prior discussions, <br />agreements, and understanding of any and every nature between them. <br />16. Corporate Authority <br /> <br />The person signing on behalf of the Owner represents that he/she has been duly authorized <br />to execute this Agreement on behalf of said Owner. <br /> <br /> <br /> <br />(Remainder of page intentionally left blank) <br />