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action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as <br />may be specifically agreed in writing. <br />5.36 Incorporation of Federal Transit Administration (FTA) Terms <br />The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, <br />whether or not expressly set forth in the preceding contract provisions. All contractual Provisions <br />required by DOT, as set forth in FTA Circular 4220.1 D, date April 15, 1996, are hereby inco~orated by <br />reference. Anything to the contrary herein notwithstanding, all FTA mandated te~rns shall be deemed <br />to control in the event of a conflict with other provisions contained in this Contract. The <br />CONTRACTOR shall not perform any act, fail to perfoRn any act, or refuse to comply with any <br />DISTRICT requests which would cause DISTRICT to be in violation of the FTA terms and conditions. <br />5.37 Merger Clause <br />THIS CONTRACT CONSTITUTES THE ENTIRE CONTRACT BETWEEN THE PARTIES. NO <br />WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OF THESE CONTRACT SHALL <br />BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, <br />CONSENT, MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE <br />SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO <br />UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT <br />SPECIFIED HEREIN REGARDING THIS CONTRACT. CONTRACTOR, BY THE SIGNATURE <br />BELOW OR ITS AUTHORIZED REPRESENTATIVE, HEREBY ACKNOWLEDGES THAT IT HAS <br />READ THIS CONTRACT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND <br />CONDITIONS. <br />127 <br />I CHERRYLIFf CANTRACT AGREEMENT #1296. LIFT <br />