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Section 5.02. Assignment. No Party may assign this Agreement or any of its rights, <br /> interests, obligations, or duties hereunder, whether by operation of law or otherwise, without the <br /> express written consent of the other Party. <br /> Section 5.03. Severability. Should any part of this Agreement be determined by a court <br /> of competent jurisdiction to be invalid,illegal,or against public policy,said offending section shall <br /> be void and of no effect, and shall not render any other section herein, nor this Agreement as a <br /> whole, invalid. Those rights, interests, obligations, and duties hereunder, which by their nature <br /> should survive, shall remain in effect after termination, suspension, or expiration hereof. <br /> Section 5.04. Non-Discrimination. Pursuant to Ind. Code § 22-9-1-10, neither the City, <br /> the County,nor any of their contractors or subcontractors shall discriminate against any employee <br /> or applicant for employment,to be employed in the performance of any work under this Agreement <br /> with respect to hire,tenure,terms, conditions, or privileges of employment, or any matter directly <br /> or indirectly related to employment,because of race,color,religion,sex,disability,national origin, <br /> or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. <br /> Section 5.05. Counterparts. This Agreement may be executed in counterparts, each of <br /> which when executed shall be deemed to be an original, and such counterparts, together, shall <br /> constitute but one and the same Agreement. <br /> Section 5.06. Governing Law and Jurisdiction. This Agreement shall be governed by the <br /> laws of the State of Indiana, and any dispute relating to the subject of or arising out of this <br /> Agreement shall be subject to the sole and exclusive jurisdiction of the Circuit and Superior Courts <br /> of St. Joseph County, Indiana. <br /> Section 5.07. Further Assurances. The Parties agree that they will each undertake in good <br /> faith, as permitted by law, any action and execute and deliver any document reasonably required <br /> to carry out the intents and purposes of this Agreement. <br /> Section 5.08. Exhibits. All exhibits described herein and attached hereto are incorporated <br /> into the Agreement by reference. <br /> Section 5.09. Entire Agreement. This Agreement, as it may be amended from time to <br /> time, encompasses the entire agreement of the Parties concerning its subject matter, and no <br /> understanding, discussion, negotiation, or agreement will be binding on the Parties unless it is set <br /> forth herein. <br /> [Signature page follows.] <br /> 5 <br />