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City and the Company. No third party has any beneficial interest in or derived from this Agreement. <br />10. Notices <br />. All notices and correspondence hereunder shall be in writing and shall be <br />delivered by hand delivery, facsimile, or first class mail, postage prepaid, to the parties as set forth below: <br />If to the City: <br />City of University City <br />6801 Delmar Boulevard <br />University City, Missouri 63130 <br />Attention: Lehman Walker <br />If to the Company: <br />Metropolitan Design and Building Co. <br />7174 Manchester Road <br />St. Louis, Missouri 63143 <br />Attention: Jay Simon <br />Fax: (314) 781-7466 <br />with a copy to: <br />Lewis, Rice & Fingeresh, L.C. <br />500 North Broadway Suite 2000 <br />St. Louis, Missouri 63102 <br />Attention: Beverly A. Marcin <br />Fax: (314) 612-7678 <br />11. Miscellaneous <br />. <br />(a)Severability. If any provision of this Agreement is unenforceable, the remainder of this <br />Agreement shall be enforced as if such provision were not contained herein. <br />(b)No Waiver. Failure of any party hereto to enforce its rights hereunder at any time shall <br />not be deemed a waiver of any such rights. <br />(c)Representations and Warranties. The Company and the City each represent and warrant <br />that (i) this Agreement has been duly executed by them or on their behalf, as the case may be, pursuant to <br />due authorization, and is not in violation of any such party’s governing documents, charter or ordinances, <br />as the case may be, (ii) no consents are necessary for the execution, delivery, and performance of this <br />Agreement by such party, and (iii) this Agreement is valid, binding and enforceable against such party in <br />accordance with its terms. <br />(d)Assignment. This Agreement may not be assigned by either party without the written <br />consent of the other. <br /> <br />