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and that this Agreement contains the entire agreement between the parties as to matters contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that any oral representations or modifications concerning this Agreement shall be of no force or effect, and that this Agreement may be modified, altered or amended only by a written amendment duly executed by both parties hereto or their authorized representatives. All obligations of the parties or provisions which require an action by the parties that may be effective after the expiration of the term of this Agreement shall survive this Agreement. ARTICLE XII HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. ARTICLE XIII RIGHTS OF OTHERS Nothing in this Agreement expressed or implied is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. ARTICLE XIV REPRESENTATION OF CITY The CITY represents that this Agreement has been duly authorized, executed and delivered by the City of Sunny Isles Beach City Council, as the governing body of the CITY and it has the required power and authority to perform this Agreement. ARTICLE XV REPRESENTATION OF UTILITY The UTILITY represents that this Agreement has been duly authorized, executed and delivered by the Board of County Commissioners, as the governing body of the UTILITY, and it has the required power and authority to perform this Agreement. ARTICLE XVI WAIVER There shall be no waiver of any right related to this Agreement unless in writing and signed by the party waiving such right. No delay or failure to exercise a right under DKV:AAR:nk:kb:10/29/98:Swmylslea-Maintmance 9