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16. Waiver. In the event that either City or Consultant <br />shall at any time or times waive any breach of this agreement by <br />the other, such waiver shall not constitute a waiver of any other <br />or succeedi~]g breach of this agreement, whether of the same or <br />any other covenant, condition or obligation. <br /> <br /> 18. Attorne¥'s Fees. The prevailing party in any action <br />brought to enforce or construe the terms of this agreement may <br /> <br /> recover from the other party its reasonable costs and attorney's <br />· fees expended in connection with such an action. <br /> <br /> 18. Scope of Aqreement. This writing constitutes the entire <br />agreement between the parties relative to Inspection services for <br />the project and modification hereof shall not be effective unless <br />and until such modification is evidence by a writing signed by <br />both parties to this agreement. <br /> <br /> THIS AGREEMENT is executed as of the date and year first <br />above written. <br /> <br /> BS & ~ss~c'ate~ <br /> <br /> iohn R. Hedle~, Mqnager <br /> <br /> Kenneth R. Mercer, Mayor <br /> <br />~. 'Vi~D~, City Cl~rk <br />~PPROVED AS TO FORM: <br /> <br /> - 5 - <br /> <br /> <br />