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j. Compliance with Laws. <br />In carrying out their respective rights and obligations hereunder, the City and I/N Tek each <br />agree to comply with applicable local, state and federal statutes, laws, regulations and <br />ordinances. <br />k. Third Party Beneficiaries. <br />Nothing contained in the agreement shall create any relationship, contractual or otherwise, <br />with, or any rights in favor of, any third party. <br />1. Non - Waiver. <br />The Parties acknowledge this Agreement is based upon the current form of Sections 17 -21; <br />17 -29; and 17 -81 of the City Code. In the event the Common Council should modify the <br />terms of the Sections of the City Code as such sections relate to this Agreement, I/N Tek <br />shall have all rights granted under Indiana Law to contest the validity of such modifications <br />and their applicability, if any, to this Agreement. <br />M. Withdrawal of Petition. <br />I/N Tek, as a condition precedent of the effectiveness of this Agreement, agrees to withdraw <br />its Petition Opposing Increase in Sewage Rates and Charges For the City of South Bend, <br />Indiana — Ordinance No. 10461 -16 filed on January 27, 2017. I/N Tek shall provide the City <br />with separate written confirmation of said withdrawal, however, such withdrawal shall be <br />without prejudice to I/N Tek to challenge any ordinance imposing increases to rates or <br />surcharges. <br />n. Material Change. <br />This Agreement is based upon on the Petition submitted by Robert Miller, Sr. ( "Miller <br />Petition), which challenges the outside city surcharge in Section 17 -81 of the City Code being <br />withdrawn dismissed or ultimately rejected by final judgment no longer subject to appeal (the <br />"Miller Petition "). I/N Tek shall not support the petitioner(s) in the Miller Petition in any <br />manner. <br />Should the Miller Petition be granted, the Parties agree it will be a Material Change to this <br />Agreement, and as a result, this Agreement shall be void ab initio. <br />IN WITNESS WHEREOF, I/N Tek and the City, through their duly authorized <br />representatives, have caused this Agreement to be executed as of the day and year first written above. <br />The parties have read and understand the foregoing terms of this Agreement and do, by their <br />respective signatures hereby agree to its terms. <br />[SIGNATURES CONTAINED ON FOLLOWING PAGE] <br />Page 5 of 6 <br />