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REV: 02-28-24 VR <br />supersedes whatever oral or written understanding they may have had prior to the <br />execution of this Agreement. No waiver of any condition in or breach of, and no <br />alteration, modification, or termination of this Agreement shall be valid unless made in <br />writing and signed by the waiving party. <br />30.Collusion. Licensee represents and covenants to City that Licensee did not, <br />either directly or indirectly, enter into any combination or arrangement with any person <br />or corporation or enter into any agreement, participate in any collusion, or otherwise <br />take any action in the restraint of free, competitive bidding. <br />31.Miscellaneous. This Agreement shall be deemed to be jointly prepared the <br />parties and any ambiguities or uncertainties herein shall be construed neither for nor <br />against either of the parties. The words “including” and “included,” shall be interpreted <br />as though followed by the words “without limitation.” The invalidity of any provision of <br />this Agreement as determined by a court of competent jurisdiction shall in no way affect <br />the validity of any other provision hereof. The individual executing this Agreement on <br />behalf of Licensee has full power and authority to execute and deliver the Agreement on <br />behalf of Licensee. This Agreement is not intended and shall not be construed to create <br />any third-party benefit. If any action is brought by either party against the other under <br />this Agreement, the prevailing party shall be entitled to recover, and the other party <br />agrees to pay, all attorneys’ and other fees and costs fixed by the court. <br />[Signature page follows] <br />ATTY/AGR.2024.025/Redwood City Kiwanis Club (Revocable License Agreement) (Page 10 of 17)