Water and Sanitary Service Agreement - Utility Extension and Title Sheet for Audubon Woods Section 2

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(including, without limitation, the Indiana Tort Claims Act). Owner may terminate the insurance required hereunder upon the successful dedication of the Water Utility System to the City. 12. Assignment This Agreement may not be assigned by the Owner without the express written consent of the City, such consent shall not be unreasonably withheld, conditioned or delayed. 13. Material Breach The parties agree that a material breach of this Agreement by Owner would have a material adverse effect upon the City. In the event of a breach by Owner of any of its obligations hereunder, the Owner shall cure such breach, if curable, within seven (7) days after receipt of written notice thereof from the City. Upon the failure by the Owner to cure any such breach, or if the breach is material and incurable, the City may immediately terminate this Agreement and file a claim under the performance bond. 14. Governing Law This Agreement shall be construed and interpreted according to the laws of the State of Indiana. It is further agreed that all provisions of law now or hereafter in effect relating to water and sewer service by the City shall be applicable to this agreement. 15. Severability Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 16. Entire Agreement