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<br />4.6. Nondiscrimination. During the term of this Assignment Agreement, the parties <br /> <br />shall comply with the state and federal laws regarding non-discrimination. <br /> <br />4.7 Authority. The parties executing this Assignment Agreement on behalf of <br /> <br />City/Agency, Assignor and Assignee ,each represent and warrant that they have the legal power, <br /> <br />right and actual authority to bind the City/Agency, Assignor and Assignee, respectively, to the <br /> <br />terms and conditions hereof. <br /> <br />4.8 Severability. Each provision, term, condition, covenant, and/or restriction, in <br /> <br />whole and in part, in this Assignment Agreement shall be considered severable. In the event any <br /> <br />provision, term, condition, covenant, and/or restriction, in whole and in part, in this Assignment <br /> <br />Agreement is declared invalid, unconstitutional, or void for any reason, such provision or part <br /> <br />thereof shall be severed from this Assignment Agreement and shall not affect any other <br /> <br />provision, term, condition, covenant, and/or restriction, of this Assignment Agreement and the <br /> <br />remainder of this Assignment Agreement shall continue in full force and effect. <br /> <br />4.9 Entire Agreement. This Assignment Agreement embodies the entire agreement <br /> <br />and understanding between the Parties relating to the subject matter of it and replaces, in its <br /> <br /> <br />entirety that assignment agreement approved by the City/Agency on January 26, 2004. In case <br /> <br /> <br />of conflict, the terms of this Assignment Agreement supersede any and all prior written or oral <br /> <br /> <br />agreement, order or understanding. Neither this Assignment Agreement nor any of its provisions <br /> <br />may be amended, modified, waived or discharged except in writing signed by both parties. <br /> <br />6 <br /> <br />949769v533786/0001 <br />