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1 11.9 Partie~ <br /> 2 Nothing in this Agreement, whether express or implied, is intended to confer <br /> 3 any rights on any persons other than the parties to it and their representatives, <br /> 4 successors, and pert-aitted assigns. <br /> <br />5 11.10 Waiver <br />6 The waiver by either party of any breach or violation of any provisions of this <br />7 Agreement shall not be deemed to be a waiver of any breach or violation of any <br />8 other provision, nor of any subsequent breach of violation of the same or any <br />9 other provision. The subsequent acceptance by either party of any monies which <br />10 become due hereunder shall not be deemed to be a waiver of any pre-existing or <br />1! concurrent breach or violation by the other party of any provision of this <br />12 Agreement. <br /> <br />13 11.11 Com_van.v's Investi_~ation <br />14 Company has made an independent investigation (satisfactory to it) of the <br />15 conditions and circumstances surrounding the Agreement and the work to be <br />16 performed by it. <br /> <br />17 11.12 Condemnation <br />18 Agency fully reserves the rights to acquire Company's property utilized in the <br />19 perfor.~Lance of this Agreement, by purchase or through the exercise of the right <br />20 of eminent domain. This provision is additive, and not intended to alter the <br />21 rights of the parties set forth in Article X. <br /> <br />22 11.13 Representatives of the Parties <br />23 References in this Agreement to the "Agency" shall mean the Governing body <br />24 and all actions to be taken by Agency shall be taken by the Governing body <br />25 except as provided below. The Governing body may delegate, in writing, <br />26 authority to the Manager, and/or to other Agency employees and may permit <br />27 such employees, in turn, to delegate in writing some or all of such authority to <br />28 subordinate employees. Company may rely upon actions taken by such <br />29 delegates if they are within the scope of the authority properly delegated to <br />30 them. <br />31 Company shall, by the effective date, designate in writing a responsible officer <br />32 who shall serve as the representative of Company in all matters related to the <br /> <br /> Page62 8/2/96 <br /> <br /> <br />