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6.1.F. - Page 11 <br />in such express waiver. One or more waivers of any default in the performance of any term, <br />provision or covenant contained in this Agreement shall not be deemed to be a waiver of any <br />subsequent default in the performance of the same term, provision or covenant or any other <br />term, provision or covenant contained in this Agreement. The consent or approval by any party <br />to or of any act or request by any other party requiring consent or approval shall not be deemed <br />to waive or render unnecessary the consent to or approval of any subsequent similar acts or <br />requests. The rights and remedies given to any party by this Agreement shall be deemed to be <br />cumulative and no such rights and remedies shall be exclusive of any of the others, or of any <br />other right or remedy at law or in equity which any such party might otherwise have by virtue of <br />a default under this Agreement, and the exercise of one such right or remedy by any such party <br />shall not impair such party's standing to exercise any other right or remedy. <br />20. Counterparts. This Agreement may be executed in any number of counterparts, each <br />of which shall be deemed an original, and when taken together they shall constitute one and the <br />same Agreement. Signatures may be made by telecopy provided the original is promptly mailed <br />to the other party. <br />21. Recitals. The recitals above are incorporated by reference as though fully set forth in <br />the Agreement. <br />LICENSEE REPRESENTS AND WARRANTS TO CITY THAT IT HAS READ AND <br />UNDERSTANDS THE CONTENTS OF THIS LICENSE, HAS HAD AN OPPORTUNITY TO <br />REVIEW AND DISCUSS IT WITH COUNSEL OF ITS CHOOSING, AND AGREES TO <br />COMPLY WITH AND BE BOUND BY ALL OF ITS PROVISIONS. <br />IN WITNESS WHEREOF the parties have executed this Agreement as of the day and <br />date first above written. <br />CITY: <br />CITY OF REDWOOD CITY, a municipal corporation <br />By: <br />Melissa Stevenson Diaz, City Manager <br />ATTEST: <br />Pamela Aguilar, City Clerk <br />REV: 09-27-17 PR <br />Page 9 of 11 <br />ATTY/AGR.2017.227/Devcon Construction Inc. <br />