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Agreement, and no additional allowance will be made for additional premiums which may be required by extensions of the policies of insurance. 17.10 It is further understood and agreed by PG&E that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the PG&E in connection with this Agreement. 18. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this License Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this License Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this License Agreement. This License Agreement may be modified only in a writing approved by the CITY Council and signed by all the parties. 19. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venture with PG&E or associate in any such relationship with PG&E by reason of the provisions of this License Agreement. PG&E shall not for any purpose be considered an agent, officer or employee of CITY. 20. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. The acceptance of work or services, or payment for work or services, by CITY shall not constitute a waiver of any provisions of this Agreement. Page 7 of 9 SM Streetlight License Agmt Template v8_2008_04_15 (3)