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City of Sunny tvles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 <br />(305) 947.0606 phone (3 05) 949-3113 Fax <br />19.5 Where the City or its designee becomes aware of faults, defects or non -conformity <br />in any of the work provided under this Agreement or with the work being performed <br />by the Contractor, the City or its designee shall issue a Notice to Cure to the <br />Contractor for correction. in no event shall the failure of the City or its designee to <br />bring to the attention of the Contractor of such faults act as a waiver or release the <br />Contractor from responsibility or liability for such fault, defect or non -conforming <br />work. <br />20. MISCELLANEOUS. <br />A. In the event any provision of this Agreement is found to be void and unenforceable <br />by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless <br />be binding upon the parties with the same effect as though the void or unenforceable provisions had <br />been severed and deleted. <br />B. This Agreement may be executed in multiple identical counterparts, each of which <br />shall be deemed an original for all purposes. <br />C. No waiver of any provision of this Agreement shall be valid or enforceable unless <br />such waiver is in writing and signed by the party granting such waiver, <br />D. Each individual executing this Agreement on behalf of a party hereto hereby <br />represents and warrants that he or she is, on the date he or she signs this Agreement, duly authorized <br />by all necessary and appropriate action to execute this Agreement on behalf of such party and does <br />so with full legal authority to bind their respective party to this Agreement. <br />E. This Agreement contains the entire agreement of the parties, and may be amended, <br />waived, changed, modified, extended or rescinded only by in writing signed by the party against <br />whom any such amendment, waiver, change, modification, extension and/or rescission is sought. <br />F. If there is a conflict or inconsistency between any term, statement, requirement, or <br />provision of any exhibit attached hereto, any document or events referred to herein, or any document <br />incorporated into this Agreement, the term, statement, requirement, or provision contained in this <br />Agreement shall prevail and be given superior effect and priority over any conflicting or inconsistent <br />term, statement, requirement or provision contained in any other document or attachment, including <br />bort not limited to Attachments "A" and `B". <br />Signatures on Next Page <br />2019.5737 Envirawaste Services Group, Inc to <br />