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ARTICLE 31 -NOTICE All notices required in this Contract shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: CITY OF RIVIERA BEACH BRYNT JOHNSON, DIRECTOR OF PUBLIC WORKS 2391 A VENUE L RIVIERA BEA CH, FL 33404 and if sent to the ENGINEER shall be mailed to: ERDMAN ANTHONY c/o DANA I. GILLETTE, PE, PRINCIPAL ASSOCIATE 1402 ROY AL PALM BEACH BL VD. SUITE 500 ROY AL PALM BEACH, FLORIDA 33411 ARTICLE 32 -ENTIRETY OF CONTRACTUAL CONTRACT The CITY and the ENGINEER agree that this Contract and any attachments hereto or other documents as referenced in the Contract sets forth the entire CONTRACT between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto in accordance with Article 30-Modifications of Work. ARTICLE 33 -WAIVER Failure of the CITY to enforce or exercise any right(s) under this Contract shall not be deemed a waiver of CITY's right to enforce or exercise said right(s) at any time thereafter. ARTICLE 34 -PREPARATION CITY and CONTRACTOR acknowledge that each has had the benefit of counsel or the ability to retain counsel and full and free access to counsel in connection with the negotiation and execution of Contract, that each has consulted or could have consulted with counsel in connection with this Contract, and that each has had the opportunity, prior to execution, to read this Contract and fully understand all of its provisions. Should any provision in this Contract require judicial or quasi-judicial interpretation it is agreed that a Court or other dispute resolution forum interpreting or enforcing the same shall not apply a presumption that the terms hereof shall be more strictly construed against any party by reason of the rule construction that a document is to be construed more strictly against the party who itself or through its agent has prepared the same. CITY and CONTRACTOR agree that this Contract is the product and result of a joint effort. ARTICLE 35 -MATERIALITY All provisions of the Contract shall be deemed material, in the event ENGINEER fails to comply with any of the provisions contained in this Contract or exhibits, amendments and addenda attached hereto, said failure shall be deemed a material breach of this Contract and CITY may at its option and without notice terminate this Contract. Continuing Service Contract 1.27 .15 19