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Section 6. Assignment. <br />This Agreement is not assignable by either party without the prior written consent of <br />the other party. <br />Section 7. Independent Contractors. <br />The Sculptor shall perform all services under this Agreement as an "independent <br />contractor" and not as an employee or agent of the City. The Sculptor shall not act as the <br />City's agent. and is not authorized to assume or create any obligation or responsibility, <br />express or implied, on behalf of, or in the name of, the City, or to bind the City in any <br />manner <br />Section 8. Miscellaneous. <br />This Agreement shall be construed in accordance with the laws of the State of <br />Indiana. If any provisions of this Agreement are or shall come into conflict with the laws or <br />regulations of any jurisdiction or any governmental entity having jurisdiction over the parties <br />or this contract, those provisions shall be deemed automatically deleted, if such deletion is <br />allowed by relevant law, and the remaining terms and conditions of this Agreement shall <br />remain in full force and effect. If such a deletion is not so allowed or if such a deletion <br />leaves terms thereby made clearly illogical or inappropriate in effect, the parties agree to <br />substitute new terms as similar in effect to the present terns of this Agreement as may be <br />allowed under the applicable laws and regulations of the governmental entity involved. <br />Section 9. Notices. <br />A. All notices or other communications which are required or permitted under <br />the terms of this Agreement shall be sufficient if delivered personally, by registered or <br />certified mail, return receipt requested, or by generally recognized, prepaid, overnight air <br />courier services, to the address and individual set forth below. All such notices to either <br />party shall be deemed to have been provided when delivered, if delivered personally, three <br />(3) days after mailed, if sent by registered or certified mail, or the next business day, if sent <br />by generally recognized, prepaid, overnight air courier services. <br />B. To the City: <br />City of South Bend, Indiana <br />Department of Community and Economic Development <br />Attn: Jeffrey V. Gibney <br />Suite 1200 S County -City Building <br />227 West Jefferson Blvd. <br />South Bend, Indiana 46601 <br />- 3 - <br />R V_ <br />