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6.K. - Page 35 of 38 <br />to change the meaning thereof. <br />26. Entire Agreement. This Agreement, together with any other written document <br />referred to or contemplated by it, along with the purchase order for this Agreement and <br />its provisions, embody the entire Agreement and understanding between the parties <br />relating to the subject matter of it. In case of conflict, the terms of the Agreement <br />supersede the purchase order and any other attachment or exhibit. Neither this <br />Agreement nor any of its provisions may be amended, modified, waived or discharged <br />except in a writing signed by both parties. <br />27. Authority. The individuals executing this Agreement and the instruments <br />referenced in it on behalf of Consultant each represent and warrant that they have the <br />legal power, right and actual authority to bind Consultant to the terms and conditions of <br />this Agreement. <br />28. Exclusive Remedies and Limitations of Liability. Consultant acts in an advisory <br />capacity and, as such, takes no responsibilities for management actions that are at the <br />discretion of the City. Consultant and City agree that Consultant has no liability for <br />failure of equipment or service which was not provided by Consultant to the City under <br />the terms of this Agreement. <br />For purposes of the exclusive remedies and limitations of liability set forth in this <br />section, Consultant shall be deemed to include its subsidiaries and their affiliates, and <br />the directors, officers, employees, agents, representatives, subcontractors and suppliers <br />of all of them; and "damages" will refer collectively to all injury, damage, loss or expense <br />incurred. <br />[Signature Page Follows] <br />Page 8 of 11 <br />REV: 07-18-19 EI <br />ATTY/AGR.2019.205/True North Consulting Group, LLC 157 <br />