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Derek Challenger Interim City Attorney 801 Crawford Street, 6'h Floor Portsmouth, Virginia 23704 challengerd@portsmouthva.gov C. Notwithstanding the foregoing, notice sent by electronic mail to a party's designated representative other than notice of termination under Paragraph 5 of this Agreement shall be deemed to have been made in accordance with this Agreement upon acknowledgement of receipt of the recipient. 26. NONWAIVER The City's waiver or failure to enforce or require performance of any term or condition of this Agreement or the City's waiver of any particular breach of this Agreement by the Developer extends to that instance only. Such waiver or failure is not and shall not be a waiver of any of the terms or conditions of this Agreement or a waiver of any other breaches of the Agreement by the Developer and does not bar the City from requiring the Developer to comply with all the terms and conditions of the Agreement and does not bar the City from asserting any and all rights and/or remedies it has or might have against the Developer under this Agreement or at law or in equity. r j 0 1 W%is-IIIJrK! `IC+ -m The Developer represents and warrants that this Agreement has been awarded without collusion or fraud and it has not offered or received any kickbacks or inducements from any other offeror, supplier, or subcontractor in connection with its proposal, and that it has not conferred on any City employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged. Furthermore, the Developer acknowledges that the provisions, requirements, and prohibitions contained in Sections 2.2-4367 through 2.24377 of the Virginia Code, pertaining to bidders, offcrors, contracts, and subcontractors, are applicable to this Agreement, as are the provisions, requirements, and prohibitions contained in Sections 2.2-3100 through 2.2- 3131 of the Virginia Code. 28. COMPLIANCE WITH ALL LAWS The Developer shall comply with all federal, state and local statutes, ordinances, and regulations, now in effect or hereafter adopted, in the performance of the Services. The Developer represents that is possesses all necessary licenses and permits required to conduct its business and will acquire any additional licenses and permits necessary for the performance of the Agreement prior to the initiation of the Project. If the Developer is a corporation, it further expressly represents that it is a corporation in good standing in the Commonwealth of Virginia and will remain in good standing throughout the term of the Agreement. The Developer shall at 15