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. <br /> 12.WAIVERS. Failure by either party, at any time, to require strict <br /> performance by the other party of any provision of this Agreement will in no way affect <br /> the first party's'rights hereunder to enforce such provision; nor will any waiver by either <br /> party of any breach be held to be a waiver of any succeeding breach or waiver of any <br /> other provision. No waiver of any breach of a covenant or provision of this Agreement <br /> shall take effect or be binding upon a party unless it is in writing. <br /> 13. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit <br /> of, and be binding upon the County and the Company and their respective successors <br /> and permitted assigns. <br /> 14. TIME IS OF THE ESSENCE. Time shall be of the essence of this <br /> Agreement. <br /> 15. SEVERABILITY. If any provision of this Agreement shall be held invalid, <br /> illegal or unenforceable in any respect by a court of competent jurisdiction, such <br /> invalidity, illegality or unenforceability shall not affect any other provision hereof. <br /> IN WITNESS WHEREOF, the parties hereto have executed and delivered this <br /> Agreement as of the date and year first above written. <br /> LINCOLN COUNTY <br /> • /7Pri <br /> Commissioner • Commissioner <br /> Commissioner <br /> COMPANY <br /> BY: i1� c.S L `�— <br /> Title: Vt(4 L- igh c"'pt <br /> EXHIBIT A <br /> Haul Route Map <br /> EXHIBIT B <br /> Road Restrictions <br /> ActiveUS 175104252v.1 <br />