Agreement - Selge Construction Co - Donation of Transporting 7 Modular Bldgs from Ivy Tech to a City Location

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B. Survival. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability. Any provision or part of this Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the Commission and the Manager. D. Waiver. A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Entire Agreement; Amendment. The Parties acknowledge that this Agreement constitutes the entire agreement of the Parties with respect to its subject matter. No representation, promise, or inducement not included in this Agreement will be binding upon the Parties. This Agreement may not be modified except by mutual agreement of the Parties set forth in a written instrument signed by the Parties' authorized representative. F. Governing Law. This Agreement shall be construed in accordance with the laws of the State of Indiana. G. No Third Party .Beneficiaries. Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon any person, firm, or corporation other than the Parties any equitable right, remedy or claim under or by reason of this Agreement or any term or provision of this Agreement, as third -party beneficiaries or otherwise, and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of the Parties. H. .Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement, and all of which, when taken together, will be deemed to constitute one and the same agreement. The exchange of copies of this Agreement and of signature pages by facsimile transmission or in .pdf format shall constitute effective execution and delivery of this Agreement by the Parties and may be used in lieu of the original Agreement for all purposes. Signatures of the Parties transmitted by facsimile or in .pdf format shall be deemed to be as originals thereof for all purposes. I. Authority. The undersigned persons executing and delivering this Agreement on behalf of the respective Parties represent that they are the duly authorized representatives of each and have been fully empowered to execute and deliver this Agreement and that all necessary corporate action has been taken to provide such authority. [Signatures Follow on Next Page] El