2010 - 12-06-2010 Regular Meeting

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BOOK 23 FACE 861 17. General Any waiver of a breach of this Agreement must be in an express writing signed by the waiving party, and no waiver of any breach of any provision of this Agreement will be deemed to be a waiver of any subsequent breach of that provision. The term "including" in this Agreement will not be construed to be limiting. The unenforceability of any provision of this Agreement will not affect the enforceability of any other provisions of this Agreement, which will remain in full force and effect. If any of the covenants or provisions of this Agreement are determined to be unenforceable by reason of its extent, duration, scope, or otherwise, the court making such determination will reduce such extent, duration, scope, or other provision and enforce them in their reduced form for all purposes contemplated by this Agreement. Section headings in this Agreement are provided for convenience only and will not affect its construction or interpretation. The exchange of copies of this Agreement and of signature pages by facsimile or other electronic transmission will constitute effective execution and delivery of this Agreement as to the parties and may be used in lieu of the original Agreement for all purposes. Signatures of the parties transmitted by facsimile or other electronic will be deemed to be their original signatures for any purpose whatsoever. This Agreement is the entire agreement between the parties with respect to the subject matter and supersedes all prior agreements, whether written or oral, between the parties with respect to the subject matter. This Agreement can only be amended by a writing both parties sign. Except as expressly provided in this Agreement, the use of the terms "hereunder," "hereof," "hereto," "herein," and words of similar import shall refer to this Agreement as a whole and not to any particular Section or clause of this Agreement. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The parties have expressed their agreement to these terms by causing this Agreement to be executed by their duly authorized officer or agent. This Agreement shall be effective as of the Effective Date. Tax Management Associates, Inc. By: Title: Date: LEE COT�NTY, By: z� :� "! Title: rr, � i T Commissioners Date: tv_ti_tn ATTEST: ti -2 i' `Gaynell NY. Lee Clerk to the Board 8