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<br />42. No delay or failure to exercise any right, power or remedy accruing to either party <br />upon breach or default by either party under this PROJECT AGREEMENT shall <br />impair any such right, power or remedy of either party; nor shall such delay or <br />failure be construed as a waiver of any such breach or default, or any similar <br />breach or default thereafter. <br /> <br />43. This PROJECT AGREEMENT is not intended nor shall it be construed as <br />granting any rights, privileges or interest to any third party without mutual written <br />agreement of the parties hereto. <br /> <br />44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned <br />in whole or in part without the prior written approval of the DEPARTMENT. <br /> <br />45. This PROJECT AGREEMENT represents the entire agreement of the parties. <br />Any alterations, variations, changes, modifications or waivers of provisions of this <br />PROJECT AGREEMENT shall only be valid when they have been reduced to <br />writing, in the form of an Amendment duly executed by each of the parties <br />hereto, and attached to the original of this PROJECT AGREEMENT. <br /> <br />REMAINDER OF PAGE INTENTIONALLY LEFT BLANK <br /> <br />DEP Agreement No. F7160, Page 9 of 10 <br />DEP 55-231 (01/06) <br />