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12. Non waiver. Failure or inability of any Party to perform any portion of this <br /> Agreement or the Description of Responsibilities in Exhibit B shall not be considered an <br /> amendment to the Agreement, nor shall acquiescence by any Party in any instance of <br /> nonperformance be considered a waiver or modification of any responsibilities under the <br /> Agreement and the Description of Responsibilities in Exhibit B. <br /> WHEREFORE, to implement the foregoing, the Parties have executed this <br /> Memorandum44 Agreement. <br /> ,/ <br /> Christine Andersen Judy lson Russe 1 H. • <br /> Public Works Director Euge e District Manager Oregon Director <br /> City of Eugene Bureau of Land Management The Nature Conservancy <br /> LCOG: h.wetmoa.doc <br /> Last Saved:June 7, 1995 <br /> WET Memorandum of Agreement Page 5 <br />