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SECTION 5—NOTICES
<br />All notices or other communications required or permitted hereunder shall be made in
<br />writing and shall be deemed to have been duly given if delivered by hand or mailed,
<br />postage prepaid, by certified or registered mail, return receipt requested, and
<br />addressed to the Sponsor at:
<br />ATTN: City of South Bend, Indiana, Board of Public Works
<br />227 W. Jefferson Blvd.
<br />South Bend, IN 466oi
<br />or to the Consultant at:
<br />ATTN: Daniel Collins, Director of Operations
<br />enFocus
<br />Studebaker Building 3.23
<br />635 S Lafayette Boulevard
<br />South Bend, IN 466oi
<br />Notice of change of address shall be effective only when done in writing and sent in
<br />accordance with the provisions of this Section.
<br />SECTION 6 - AMENDMENTS AND WAIVERS
<br />This Agreement may not be modified or amended except by an instrument in writing,
<br />signed by a duly authorized representative of the Sponsor and the Consultant. By an
<br />instrument in writing similarly executed, either party may waive compliance by the
<br />other party with any provision of this Agreement that such other party was or is
<br />obligated to comply with or perform, provided, however, that such waiver shall not
<br />operate as a waiver of, or estoppel with respect to, any other or subsequent failure.
<br />No failure to exercise and no delay in exercising any right, remedy, or power
<br />hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of
<br />any right, remedy, or power hereunder preclude any other or further exercise thereof
<br />or the exercise of any other right, remedy, or power provided herein or by law or in
<br />equity.
<br />SECTION 7— INTERRUPTION OF SERVICE
<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 -outs
<br />or other serious labor disputes, riots, earthquakes, floods, explosions or other acts of
<br />nature. The obligations and rights of the party so excused shall be extended on a
<br />day-to-day basis for the time period equal to the period of such excusable
<br />interruption. When such events have abated, the parties' respective obligations
<br />hereunder shall resume.
<br />SECTION 8—SEVERABILITY, ENFORCEABILITY
<br />If any provision of this Agreement, or the application thereof to any person, place, or
<br />circumstance, shall be held by a court of competent jurisdiction to be invalid,
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