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10. Amendment: This Agreement may be amended only by mutual agreement of both <br />parties wm riting. <br />• 11. Severability: In the event that any term, provision or condition of this Agreement, or <br />the application thereof to any person or circumstances, shall be held by a court of <br />competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, <br />and the application of any term, provision or condition contained herein to any person or <br />circumstances shall not be affected. <br />12. Headings: Section, article and paragraph headings contained within this Agreement <br />have been inserted only as a matter of convenience and for reference, and they in no way <br />define, limit or describe the scope or intent of any term, condition or provision of this <br />Agreement. <br />13. No Waiver of Rights: No failure on the part of the City or PVCC to enforce any of <br />the terms or conditions set forth in this Agreement shall be construed as or deemed to be <br />a waiver of the right to enforce such terms or conditions. <br />14. Entire Agreement: This Agreement represents the entire agreement between the <br />parties, and there are no other agreements or understandings between the parties, either <br />verbal or written, which have not been incorporated herein. <br />The Office of the Attorney General of the Commonwealth of Virginia has reviewed this <br />Agreement. The review determined that: (1) the Agreement is not a lease; and (2) the <br />• Agreement contains no provision that constitutes an indemnification that PVCC is <br />without lawful authority to make. <br />• <br />[This space intentionally left blank] <br />Page 3 <br />