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28 <br />LA515\160\1053952.v2 <br />40. NON-WAIVER. Each right, power, or remedy conferred upon the City by this Agreement <br />is cumulative and in addition to every other right, power, or remedy, express or implied, now, or <br />hereafter arising, or available to the City at law or in equity, or under any other agreement. Each <br />and every right, power, and remedy herein set forth or otherwise so existing may be exercised <br />from time to time as often and in such order as may be deemed expedient by the City and shall <br />not be a waiver of the right to exercise at any time thereafter any other right, power, or remedy. <br />If either party waives in writing any default or nonperformance by the other party, such waiver <br />shall be deemed to apply only to such event and shall not waive any other prior or subsequent <br />default. <br />41. COUNTERPARTS. This Agreement may be executed simultaneously in any number of <br />counterparts, each of which shall be an original and shall constitute one and the same Agreement. <br /> <br /> <br />