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<br />requires. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this <br />Agreement as a whole and not to any particular sentence, article, paragraph, or section <br />where they appear, unless the context otherwise requires. Whenever reference is made to <br />a Section or Article of this Agreement, such reference is to the Section or Article as a <br />whole, including all of the subsections of such Section or Article, unless the <br />reference is made to a particular subsection or subparagraph of such section or article. <br /> <br />ARTICLE 47. AMENDMENTS <br /> <br />No modification, amendment, or alteration in the terms or conditions contained herein <br />shall be effective unless contained in a written document prepared with the same or <br />similar formality as this Agreement and executed by the City and Contractor. <br /> <br />ARTICLE 48. SEVERABILITY <br /> <br />In the event the any provision of this Agreement is determined by a Court of competent <br />jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision <br />shall be excised from this Agreement, and the remainder of this Agreement shall continue <br />in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such <br />provision will materially and adversely affect the rights of either party, such party may <br />elect, at its option, to terminate this Agreement in its entirety. An election to terminate <br />this Agreement based upon this provision shall be made within seven (7) days after the <br />finding by the court becomes final. <br /> <br />ARTICLE 49. ENTIRE AGREEMENT <br /> <br />This Agreement, as it may be amended from time to time, represents the entire and <br />integrated agreement between the City and the Contractor and supersedes all prior <br />negotiations, representations or agreements, written or oral. This Agreement may not be <br />amended, changed, modified, or otherwise altered in any respect, at any time after the <br />execution hereof, except by a written document executed with the same formality and <br />equal dignity herewith. Waiver by either party of a breach of any provision of this <br />Agreement shall not be deemed to be a waiver of any other breach of any provision of <br />this Agreement. <br /> <br />[Remainder of page intentionally left blank] <br /> <br />CONSTRUCTION SERVICE CONTRACT NO. C1 I 12-01 I <br /> <br />Page 27 of28 <br /> <br />n ::. r; <br />"" s ,".'. <br />'t.J r f~'" <br />