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ARTICLE VIII Other Provisions 8.1 Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Indiana and venue for any action shall be in St. Joseph County. 8.2 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 8.3 Modification. This Agreement may not be changed or modified, except by an agreement in writing signed by the party sought to be charged with such modification. 8.4 Third Parties. Nothing herein expressed or implied: (a) is intended to give to; or (b) shall be construed to confer upon; any person other than the parties hereto, and their permitted successors or assigns, any rights or remedies under or by reason of this Agreement. 8.5 Entire Agreement. This agreement, together with the other agreements referenced herein, constitutes the entire agreement among the parties hereto, and supersedes all prior discussions, letters of intent, outlines of terms, agreements, writings and representations among the parties hereto with respect to the transaction contemplated herein. 8.6. Further Assurances. The Parties agree that they will each take any action and execute and deliver any document reasonably required to carry out the intents and purposes of this Agreement. Without limitation, this shall include the furnishing or any exhibit called for to be attached hereto or included herewith, and the failure to attach any such exhibit to this Agreement at the date of execution shall not void this Agreement. 8.7 Approval by Public Agencies. The Parties understand and acknowledge that certain actions contemplated by this Agreement may be undertaken by the South Bend Redevelopment Commission, the South Board of Public Works, and/or the South Bend Board of Park Commissioners and/or various other persons, agencies or entities that are not party to this Agreement. Such actions are required to be undertaken in accordance with applicable state, federal and local laws. Accordingly, the Parties hereby acknowledge that any such action referenced in this Agreement under the authority of such third parties shall require independent approval by the respective person(s), entity(ies) or governing body(ies) thereof. 8.8 Corporate Authority. The undersigned persons executing and delivering this Agreement on behalf of the Silver Hawks represent and certify that they are the duly authorized representatives of the Silver Hawks and have been fully empowered to executed and deliver this Agreement and that all necessary corporate action has been taken and done. [Signatures on the Following Pages] M