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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.]
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