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may not use any plans or ideas contemplated by this MOU without the express written consent of the remaining parties to the MOU. 4. Term of MOU: This MOU shall commence on the Effective Date and shall continue thereafter until completion of the project unless terminated earlier by the execution of any further definitive agreements between the parties that supersede this MOU. 5. Allocation of Costs: Except as provided above, the parties shall each bear their own costs incurred in connection with the preparation of this MOU and any definitive agreements, and in connection with the administration of this MOU, including but not limited to travel costs, legal and accounting expenses, and all other out of pocket expenses incidental to the performance of their respective obligations under the MOU. 6. Administrative Controls. The administrative duties associated with the contracting and financial obligations of this Project are to be undertaken as follows: a. Architectural and Engineering Services — Contracting — SBHF; Fund Control — the University via review by University Architect Office with sign off by Development b. Phase I: Contracting and Fund Control — SBHF C. Phase II: Contacting and Fund Control — the City d. Phase III: Contracting — SBHF; Fund Control — the University 7. Notices: All notices under this MOU shall be delivered personally or by overnight courier to the addresses provided by each of the parties hereto, and shall be deemed effective upon receipt. 8. Concluding Provisions: This Agreement supersedes all prior negotiations, discussions and agreements between the parties related to the subject matter hereof. No amendment or modification to this MOU shall be effective unless set forth in writing and signed by the parties hereto. This MOU may be assigned to affiliates of the parties for purposes of effectuating this transaction. Any other assignments shall be void and non- binding on the other party. There are no intended or incidental third party beneficiaries of this MOU and any such relationship, whether express, incidental, or implied, is hereby disclaimed. If any provision of this MOU is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect. The undersigned warrant and represent that they are duly authorized and empowered to execute this MOU and to bind their respective entities accordingly. [SIGNATURES APPEAR ON THE FOLLOWING PAGE] 5