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12. Captions: The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any of the provisions of this Agreement. 13. Execution and Counterparts: This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute one and the same instrument. 14. Amendments: The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner except when mutually agreed to and incorporated in a written amendment to this Agreement which is signed by both parties. 15. Severability: If any term ofthis Agreement is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular term or provision held to be invalid. . ~ 0( theU~ i'K 16. Waiver: The failure of the City'\o enforce any provisions ofthis Agreement shall not constitute a waiver by the City^ofthat or any other pr~ion. or t-nt Co~ ~.tt 17. Merger: The Agreement constitutes the entire agreement between the parties. There are no understandings, agreements, or representations, oral or written, not specified within this written Agreement. No waiver, consent, modification or change of terms ofthis Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific instance and for the specific purpose given therein. 18. Collateral Contracts: Where there exists any inconsistency between this Agreement and other provisions of collateral contractual agreements which are made a part of this Agreement by reference or otherwise, the provisions of this Agreement shall control. 19. Notices: All notices that may be required or permitted to be given pursuant to this Agreement shall be sufficiently given when delivered or mailed, with proper postage prepaid, to the parties at their respective places of business as set forth below or at a place designated hereafter in writing by any party or by personally serving on either party by the party giving such notice, or may by serving by certified mail, return receipt requested, addressed as shown below: TO CITY: City of West Fargo Administrator 800 4th Ave East West Fargo, ND 58078 TO COUNTY: Cass County Auditor 211 9th Street South