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effect until the end of the one year warranty period. <br />B. This Agreement maybe amended, altered, clarified, or extended only by the written <br />agreement of the Parties hereto. <br />C. This Agreement is not assignable by either Party, either in whole or in part. Neither <br />Party is acting as the agent of the other in carrying out the obligations and activities <br />under this Agreement <br />D. The City shall observe and abide by all applicable requirements related to the <br />procurement of goods and services as mandated by law. <br />E. This Agreement is a complete expression of the intent of the Parties and any oral or <br />written representations or understandings not incorporated herein are excluded. The <br />parties recognize that making regular progress is necessary in the perfoiivance of <br />the provisions of this Agreement. Waiver of any default shall not be deemed to be <br />waiver of any subsequent default. Waiver of breach of any provision of this <br />Agreement shall not be deemed to be a waiver of any other or subsequent breach <br />and shall not be construed to be a modification of the teiuis of the Agreement unless <br />stated to be such through written approval by the parties which shall be attached to <br />the original Agreement. <br />F. This Agreement and any activities authorized hereunder shall not be construed as <br />granting any rights or privileges to any third person or entity, or as a guarantee or <br />warranty of protection from flooding or flood damage to any person, entity or <br />property, and nothing contained herein shall be construed as waiving any immunity <br />to liability by the City, the County and/or the District, granted under state statute, <br />including Chapters 86.12 and 86.15 of the Revised Code of Washington, or as <br />otherwise granted or provided for by law. <br />5 <br />