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BK: 2901 PG: 1166 A TRUE COPY CERTIFICATION ON LAST PAGE J.R. SMITH, CLERK agreements and representations between the members, whether written or oral, with respect to the subject matter of this Agreement. No provision of this Agreement may be changed or amended except by written agreement approved by each member's governing body and signed by each member's duly authorized representative SECTION 29. Waiver of Terms or Conditions. Any term or condition of this Agreement may be waived by the member that is entitled to the benefit thereof, but no such waiver shall be effective unless set forth in a written instrument duly executed by or on behalf of the member waiving such term or condition. Any waiver by any member of any condition, or of the breach of any provision, term, covenant, representation, or warranty contained in this Agreement, in any one or more instances, shall not invalidate this Agreement, nor shall such waiver be deemed to be nor construed as a furthering or continuing waiver of any such condition, or of the breach of any other provision, term, covenant, representation or warranty of this Agreement. Except as otherwise provided herein, the failure of a member to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights. A waiver by a member shall not invalidate this Agreement, nor shall such waiver be construed as a waiver of any other covenant, condition, representation, or warranty. A waiver by a member of the time for performing any act shall not constitute a waiver of time for performing any other act or the time for performing an identical act required to be performed at a later time. SECTION 30. Severability. Should any portion, provision, section, or subsection of this Agreement be held to be invalid by a court of competent jurisdiction, that fact shall not affect or invalidate any other portion, provision, section, or subsection and the remaining portions of this Agreement shall remain in full force and effect without regard to the portion, provision, section, or subsection invalidated. SECTION 31. Parties Bound. This Agreement is binding upon, inures to the benefit of, and is enforceable by the members and their respective successors and permitted assigns. SECTION 32. Counterparts. This Agreement may be executed in three (3) or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. SECTION 33. Effective Date. This Agreement shall be in full force and effect as of the Effective Date first entered above, which shall be the date upon which the last member executes this Agreement. SIGNATURE PAGES FOLLOW Page 16 of 19 2015.2.06.Edited.Fiber Optic Agreement.CLEAN.doc