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6B(1)
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08-06-10 Packet
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6B(1)
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8/3/2010 3:25:02 PM
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Either party may, upon prior notice of 10 calendar days given as set forth above, change <br />its address for all subsequent notices. <br />17.9. All exhibits mentioned herein shall be deemed incorporated herein by reference as <br />though fully set forth herein. <br />17.10. The terms and conditions of this Agreement, all exhibits attached hereto and any <br />documents expressly incorporated by reference represent the entire agreement between the <br />parties with respect to the subject matter of this Agreement. This Agreement may not be <br />amended or modified without the written consent of the parties hereto. <br />17.11. If any part of this Agreement is determined to be illegal or unenforceable, all <br />other parts shall be given effect separately and shall be in effect. <br />17.12. This Agreement, the Cooperative Agreement and any other agreements or <br />instruments to which the City and/or the Commission is a party and which relate to the Project <br />Loan Funds and the Remediation Work, shall be construed in accordance with and governed by <br />the laws of the State of Indiana except where superseded by federal statutes or regulations. <br />17.13. The City and the Commission have engaged in negotiations, with opportunity for <br />the advice and benefit of counsel, over the terms of this Agreement and no party has acted as the <br />exclusive drafter of the language of this Agreement and no inference or presumption or <br />application of a rule of contract construction should be made based upon the premise that one <br />party acted more than the other party as the draftsperson of these agreements. <br />17.14. This Agreement may not be amended, altered or modified unless the party against <br />whom enforcement of any waiver, modification or discharge is sought does so in writing. <br />17.15. This Agreement will become effective when approved by the Commission and <br />signed by its President and Secretary or Vice President and approved and signed by the Board of <br />Public Works. <br />IN WITNESS HEREOF, the parties have caused this Agreement to be executed in the name and <br />on behalf of each of them (acting individually or by their respective officers or appropriate legal <br />representatives, as the case maybe, hereunto duly authorized) as of the day and year first written <br />above. <br />[SIGNATURE PAGES FOLLOW] <br />14 <br />
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