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<br />e <br /> <br />. <br /> <br />Each Participant, including the City, hereby approves the construction cost formula <br />and the City's share of the actual construction cost for the Transmission System and <br />Distribution System as paid by the City and the other Participants, as required by the <br />Contract. n <br /> <br />SECTION 4. This Amendment and the Contract together constitute all the <br />understandings between the parties hereto, and there are no oral representations, <br />stipulations, warranties or understandings with respect to the subject matter of this <br />Amendment which are not fully expressed herein. Neither this Amendment nor its <br />execution has been induced by any representations, stipulations, warranties or <br />understandings of any kind other than those herei'n expressed. <br />No amendment, addition to, alteration, modification or waiver of all or any part of <br />this Amendment shall be of any force or effect unless in writing and signed by the <br />Authority, the City and any other Participant affected by such change. If the terms and <br />conditions of this Amendment and the terms and conditions of any purchase order or <br />order acknowledgement written in connection with this Agreement conflict, the terms <br />and conditions of this Amendment shall govern. <br />SECTION 5. No waiver by any party hereto of one or more defaults by any other party <br />hereto in the performance of any of the provisions of this Amendment shall operate or <br />be construed by a waiver of any other or further default or defaults, whether of a like or <br />different character. <br />SECTION 6. This Amendment shall bind and benefit the parties hereto and their <br />respective successors and assigns, and shall not' be assignable by any party without <br />written consent of the other parties. <br /> <br />7 <br />