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4.7 Binding Effect. This Agreement will be binding on and inure to the benefit of the <br />Parties and their respective successors and assigns. <br />4.8 Interpretation. Each of the Parties have been represented by counsel of their choosing <br />in the negotiation and preparation of this Agreement. In the event of any dispute regarding the <br />interpretation of this Agreement, this Agreement will be interpreted fairly and reasonably and <br />neither more strongly for nor against any Party based on draftsmanship. <br />4.9 Relationship of the Parties. This Agreement will not be construed as establishing a <br />partnership or joint venture, joint enterprise, express or implied agency relationship between the <br />parties. The City, its past, present or future officers, elected officials, employees or agents, do <br />not assume any responsibility or liability to any third party in connection with this Agreement. <br />4.10 Severability. If any provision of this Agreement is held to be illegal, invalid or <br />unenforceable under present or future laws, it is the intention of the Parties that the remainder of <br />this Agreement not be affected and it is also the intention of the Parties that, in lieu of each <br />provision that is found to be illegal, invalid or unenforceable, a provision be added to this <br />Agreement which is legal, valid or enforceable and is as similar in terms as possible to the <br />provision found to be illegal, invalid or unenforceable. <br />4.11 Paragraph Headings. The paragraph headings contained in this Agreement are for <br />convenience only and will in no way enlarge or limit the scope or meaning of the paragraphs. <br />4.12 No Third -Party Beneficiaries. This Agreement is not intended to nor shall it be <br />interpreted to confer any rights, privileges or causes of action upon any third party. <br />4.13 Counterparts. This Agreement may be executed simultaneously in two or more <br />counterparts, each of which will be deemed an original, but all of which will constitute one and <br />the same instrument. A facsimile signature will be deemed to be an original signature for all <br />purposes. <br />Exhibits. The following exhibits are attached to and incorporated into this Agreement for all <br />purposes. <br />Exhibit "A ": Equipment description. <br />[Signature Page to Follow] <br />3 <br />