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Wj VVV <br />ARTICLE XV <br />REPRESENTATION OF COUNTY <br />The COUNTY represents that this Agreement has been duly authorized, executed <br />and delivered by the Board of County Commissioners, and it has the required power and <br />authority to perform this Agreement. <br />ARTICLE XVI <br />WAIVER <br />There shall be no waiver of any right related to this Agreement unless in writing <br />and signed by the party waiving such right. No delay or failure to exercise a right under <br />this Agreement shall impair such right or shall be construed to be a waiver thereof. Any <br />waiver shall be limited to the particular right so waived and shall not be deemed a waiver <br />of the same right at a later time or of any other right under this Agreement. <br />ARTICLE XVII <br />INVALIDITY OF PROVISIONS, SEVERABIL1TY <br />Wherever possible, each provision of the Agreement shall be interpreted in such <br />manner as to be effective and valid under applicable law, but if any provision of this <br />Agreement shall be prohibited or invalid under applicable law, such provision shall be <br />ineffective to the extent of such prohibition or invalidity, without invalidating the <br />remainder of such provision or the remaining provisions of this Agreement, provided that <br />the material purposes of this Agreement can be determined and effectuated. <br />ARTICLE XVIII <br />INDEPENDENT CONTRACTOR <br />The COY COUNTY shall perform its work and services described herein as an <br />independent contractor and not as an officer, agent, servant, or employee of the <br />CQUID CITY. The COY COUNTY shall have control of the work performed <br />hereunder in accordance with the terms of this Agreement and of all persons performing <br />the same, and the FAY COUNTY shall be responsible for the acts and omissions of its <br />officers, agents, employees, contractors, and subcontractors, if any. <br />Nothing herein shall be construed as creating a partnership or joint venture <br />between the COUNTY and the CITY. No person performing any of the work or services <br />described hereunder shall be considered an officer, agent, servant or employee of the <br />Page 7 of 10 <br />