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modifying the terms of this Agreement is appropriate to memorialize the mutual determination,to
<br /> avoid future disputes, or otherwise to clarify the parties' practices and expectations.
<br /> Article IX. General Provisions
<br /> Section 9.01. Amendments. This Agreement may be amended, modified, or
<br /> supplemented at any time by a written instrument signed by an authorized representative of each
<br /> party. The failure of any party to enforce at any time any provision of this Agreement shall not be
<br /> construed as a waiver of such provision,nor in any way to affect the validity of this Agreement or
<br /> any part hereof or the right of such party thereafter to enforce each and every such provision.No
<br /> waiver of any breach of this Agreement shall be held to constitute a waiver of any other or
<br /> subsequent breach.
<br /> Section 9.02. 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 9.02. 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
<br /> shall be void and of no effect, and shall not render any other section herein, nor this Agreement as
<br /> a 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 9.03. 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
<br /> Agreement with respect to hire,tenure, terms, conditions, or privileges of employment, or any
<br /> matter directly or indirectly related to employment, because of race, color, religion, sex,
<br /> disability,national origin, or ancestry. Breach of this covenant may be regarded as a material
<br /> breach of this Agreement.
<br /> Section 9.04. 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 9.05. 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
<br /> Courts of St.Joseph County, Indiana.
<br /> Section 9.06. Further Assurances. The Parties agree that they will each undertake in
<br /> good faith, as permitted by law, any action and execute and deliver any document reasonably
<br /> required to carry out the intents and purposes of this Agreement.
<br /> Section 9.07. Exhibits. All exhibits described herein and attached hereto are
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