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12.2 The CONTRACTOR'S obligations to provide future services hereunder are <br /> contingent upon the TowN'S ability to obtain an appropriation of the fees <br /> required by this Agreement. <br /> 13.0 Amendments and waivers <br /> 13.1 No officer, official, agent or employee of the CONTRACTOR or the TOWN shall <br /> have the power to amend, modify or alter this Agreement or waive any of its <br /> provisions or to bind the CONTRACTOR or the TOWN by making any promise or <br /> representation not contained herein except by an amendment, In writing, executed <br /> by both entities in the same manner as this Agreement is executed. Neither party <br /> may rely on any conduct, statements, action, inaction or course of conduct of the <br /> employees, agents or officers of the other party as having changed, modified or <br /> amended this Agreement. Neither party shall be construed as waiving any provisions <br /> of the Agreement unless the -waiver is executed in writing as an amendment to this <br /> Agreement. No waiver by either party of any default or breach shall constitute a <br /> waiver of any subsequent default or breach. Forbearance or indulgence in any form <br /> or manner by either party shall not be construed as waiver of any term or condition <br /> hereto nor shall it limit the legal or equitable remedies available to that party. <br /> 14.0 M'seellaneous Provisions <br /> 14.1 Severability - If any provision of this Agreement shall be held by a Court to be <br /> legally invalid or unenforceable, such invalidity or unenforceability shall not affect <br /> the whole Agreement, but the whole Agreement shall be construed as if not <br /> containing the provision, and the rights and obligations of the parties shall be <br /> construed and enforced accordingly. <br /> 11 <br />