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Remediation Work, shall be construed in accordance with and governed by the laws of the State of Indiana except where superseded by federal statutes or regulations. 17.13.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