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15.0 BINDING EFFECT <br />This Agreement and the respective rights and obligations of the parties hereto shall inure to the <br />benefit of, and be binding upon, the parties hereto and their respective successors and permitted <br />assigns. <br />16.0 DEFAULT /CUMULATIVE RIGHTS /MITIGATION <br />It shall not be deemed a waiver or default under this Agreement if the non - defaulting party fails <br />to immediately declare a default, or either party delays in asserting any right hereunder. The <br />rights and remedies provided under this Agreement are cumulative and in addition to the rights <br />and remedies either party may have pursuant to law, statute, ordinance, or otherwise, and either <br />party's use of any right or remedy provided for hereunder will not preclude or be deemed to <br />waive such party's right to use any other remedy, whether hereunder or at law or equity. Both <br />parties hereto have a duty to mitigate damages incurred pursuant to this Agreement and <br />performance hereunder. <br />17.0 ASSIGNMENT <br />The parties agree that they may delegate the performance of their duties hereunder by contracting <br />with third -party entities in accordance with applicable procurement and other laws, but each <br />party remains responsible for their respective responsibilities set forth in Section 4 herein. <br />18.0 COUNTERPARTS, NUMBER/GENDER AND HEADINGS <br />This Agreement may be executed in multiple counterparts, including without limitation facsimile <br />and e -mail counterparts, each of which shall be deemed an original and all of which together <br />shall constitute one and the same instrument. Words of any gender used in this Agreement shall <br />be held and construed to include any other gender, and any words in the singular shall include <br />the plural and vice versa, unless the context clearly requires otherwise. Headings used herein. are <br />for convenience of reference only and shall not be considered in any interpretation of this <br />Agreement. <br />19.0 GOVERNMENTAL IMMUNITY <br />This Agreement is expressly made subject to Texserve's and the City's governmental immunity <br />under the Texas Civil Practice and Remedies Code and all applicable federal, state, and local <br />laws. The parties hereto expressly agree that no provision of this Agreement is in any way <br />intended to constitute a waiver of any immunities from suit or from liability that the parties have <br />by operation of law. <br />20.0 PREVENTION OF FRAUD AND ABUSE <br />The parties shall establish, maintain, and utilize internal management procedures sufficient to <br />provide for the proper, effective management of all activities funded under this Agreement. Any <br />known or suspected incident of fraud or abuse involving Texserve' or the City's employees or <br />agents that involve funds or activities under this Agreement shall be reported immediately by the <br />14 <br />