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14.3 Further Assurances Each party shall promptly execute and deliver all such deeds, documents, instruments and assurances and do or cause to be done all such acts and things as shall be necessary or advisable to fully perform and carry out the provisions and intent of this Agreement. 14.4 Waiver and Amendment This Agreement may only be amended by further written agreement executed and delivered by both parties. No waiver or consent by a party of or to any breach or default by the other party shall be effective unless evidenced in writing, executed and delivered by the party waiving or consenting. No waiver or consent shall operate as a waiver of or consent to any further or other breach or default in relation to the same provision or any other provision of this Agreement. 14.5 Successors and Assigns This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and permitted assigns. 14.6 Time of Essence Time is and shall remain of the essence of this Agreement. 14.7 Counterpart Execution This Agreement may be executed and delivered in counterparts with the same effect as ifboth parties had executed and delivered the same copy, and when each party has executed and delivered a counterpart, all counterparts together shall constitute one Agreement. 14.8 Effective Data Notwithstanding the date of execution and delivery ofthis Agreement, its effective date is May 1, 2007. Executed and delivered. WENCK ASSOCIATES, INC, By Its Approved by the Board of City Commissioners the 2007, day of - 17 - C:\Documents and Settings\worden\Local Settings\Temporary Internet Files\OLK658\Emergency Response Services Agreement.doc