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341.The Recitals set forth above are acknowledged by the parties to be true and 35correct, are being relied upon by the parties in entering into this Agreement, and 36are incorporated into the body of this Agreement by reference. 37 382.Effective as of April 1, 2013, Wenck hereby assumes and agrees to fully perform 39all covenants and obligations of Bossardt under the Contract and to be liable to 40the City for all obligations performed, and which were or are to be performed, by 41Bossardt under the Contract before, on and after April 1, 2013. The terms and 42conditions of the Contract shall be fully enforceable by the City against Wenck 43and nothing in this Consent or in the Assignment and Assumption Agreement, the 44Asset Purchase Agreement referred to in the Assignment and Assumption 45Agreement, or any other agreement or document pertaining thereto (collectively 46the “Assignment Documents”) shall be construed to modify the Contract or the 47City’s rights and remedies thereunder. 48 493.Notwithstanding the assignment to Wenck and notwithstanding anything to the 50contrary contained in the Assignment Documents, Bossardt shall remain liable 51under the Contract. 52 534.To the extent that any provision in the Assignment Documents is inconsistent 54with this Consent, that provision shall be null and void. 55 565.The City hereby (a) consents to the assignment of the Contract subject to the 57terms and conditions stated herein, and (b) confirms that the assignment of the 58Contract by Bossardt to Wenck consented to herein will not result in a breach or 59default under the Contract. 60 616.This Consent applies only to the assignment referenced herein and is not a waiver 62of the restriction on assignment of the Contract without the consent of the City in 63the future, and the City reserves the right to approve any future assignment of the 64Contract. 65 2