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enFocus <br />Studebaker Building 113 <br />635 S Lafayette Boulevard <br />South Bend, IN 46601 <br />Notice of change of address shall be effective only when done in writing and <br />sent in accordance with the provisions of this Section. <br />conadfing <br />SF(1'H(_")I\J 6 . Al\HNDMEN'l S AND WAl\/[._RS <br />Agreement <br />This Agreement may not be modified or amended except by an instrument in <br />writing, signed by a duly authorized representative of the Sponsor and the <br />Dull' 2018 <br />Consultant. By an instrument in writing similarly executed, either party may <br />waive compliance by the other party with any provision of this Agreement that <br />such other party was or is obligated to comply with or perform, provided, <br />Page <br />however, that such waiver shall not operate as a waiver of, or estoppel with <br />4 of 10 <br />respect to, any other or subsequent failure. No failure to exercise and no delay <br />in exercising any right, remedy, or power hereunder shall operate as a waiver <br />thereof, nor shall any single or partial exercise of any right, remedy, or power <br />hereunder preclude any other or further exercise thereof or the exercise of any <br />other right, remedy, or power provided herein or by law or in equity. <br />SEC"I K)kl N �ON OF, SEIRVI(I"[ <br />Either party shall be excused from any delay or failure in performance required <br />hereunder if caused by reason of any occurrence or contingency beyond its <br />reasonable control, including, but not limited to, acts of God, acts of war, fire, <br />insurrection, laws proclamations, edits, ordinances or regulations, strikes, lock- <br />outs or other serious labor disputes, riots, earthquakes, floods, explosions or <br />other acts of nature. The obligations and rights of the party so excused shall be <br />extended on a day-to-day basis for the time period equal to the period of such <br />excusable interruption. When such events have abated, the parties' respective <br />obligations hereunder shall resume. <br />SLX"HON 8 ­ 11 ir'lly, 1N1'_(')R('F_ABH__I1Y <br />If any provision of this Agreement, or the application thereof to any person, <br />place, or circumstance, shall be held by a court of competent jurisdiction to be <br />invalid, unenforceable, or void, the remainder of this Agreement and such <br />provisions as applied to other persons, places, and circumstances, shall remain <br />in full force and effect. <br />SFX-7101\1 9 NG LAW <br />The validity, interpretation, enforceability, and performance of this Agreement <br />shall be governed by and construed in accordance with the laws of the State of <br />Indiana. <br />4 <br />