80-17 Transitioning HPC to the Department of Community Investment

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Administrative Assistant to the St. Joseph County Council, the Administrative Assistant to the St. Joseph County Board of Commissioners, the Administrative Assistant to the Mayor of the City of South Bend, and the Administrative Assistant to the South Bend Common Council, as well as to the County Attorney and the City's Corporation Counsel. Article VII. General Provisions Section 7.01. Amendment. The Parties, by mutual agreement in writing, may amend, modify and supplement this Agreement. The failure of any Party to enforce at any time any provision of this Agreement shall not be construed to be a waiver of such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of such party thereafter to enforce each and every such provision. No waiver of any breach of this Agreement shall be held to constitute a waiver of any other or subsequent breach. Section 7.02. Assignment. No Party may assign this Agreement or any of its rights, interests, obligations, or duties hereunder, whether by operation of law or otherwise, without the express written consent of the other Party. Section 7.03. Entire Agreement. This Agreement, as it may be amended from time to time, encompasses the entire agreement of the Parties concerning its subject matter, and no understanding, discussion,negotiation, or agreement will be binding on the Parties unless it is set forth herein. Without limiting the generality of the foregoing sentence,the Parties agree that this Agreement supersedes and replaces any and all pre-existing interlocal agreement(s) between them regarding the HPC. Section 7.04. Severability. Should any part of this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or against public policy, said offending section shall be void and of no effect, and shall not render any other section herein, nor this Agreement as a whole, invalid. Those rights, interests, obligations, and duties hereunder, which by their nature should survive, shall remain in effect after termination, suspension, or expiration hereof. Section 7.05. Counterparts. This Agreement may be executed in counterparts, each of which when executed shall be deemed to be an original, and such counterparts, together, shall constitute but one and the same Agreement. Section 7.06. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Indiana, and any dispute relating to the subject of or arising out of this Agreement shall be subject to the sole and exclusive jurisdiction of the Circuit and Superior Courts of St. Joseph County, Indiana. [Signature page follows.] 9