J <br /> 12. Non-waiver. Failure or inability of any Party to perform any portion of this <br /> <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 /> Memorandum of Agreement. . <br /> Cam. <br /> Christine Andersen Judy elson Rus ell ich <br /> Public Works Director Eugene District Manager Oregon Director - <br /> City of Eugene Bureau of Land Management The Nature Conservancy <br /> LCOG: h.~wetmoa.doc <br /> Last Savtd:lwt 7, 1995 <br /> WET Memorandum of Agreement Page 5 <br /> <br />