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4.9 Relationship of the Parties. This Agreement will not be construed as establishing apartnership <br />or joint venture, joint enterprise, express or implied agency relationship between the parties. The City, its <br />past, present or future officers, elected officials, employees or agents, do not assume any responsibility or <br />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 unenforceable <br />under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be <br />affected and it is also the intention of the Parties that, in lieu of each provision that is found to be illegal, <br />invalid or unenforceable, a provision be added to this Agreement which is legal, valid or enforceable and <br />is as similar in terms as possible to the provision found to be illegal, invalid or unenforceable. <br />4.11 Paragraph Headings. The paragraph headings contained in this Agreement are for convenience <br />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 interpreted to <br />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 counterparts, each <br />of which will be deemed an original, but all of which will constitute one and the same instrument. A <br />facsimile signature will be deemed to be an original signature for all purposes. <br />Exhibits. Exhibit A, Equipment Description, is attached to and incorporated into this Agreement for all <br />purposes. <br />EXECUTED to be effective as of the day of 2021. <br />Page 3 of 4 <br />