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Amendment No. 1 to Water & Sewer Service Agreement – Pokagon Band of Potawatomi Indians & Pokagon Gaming Authority
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Amendment No. 1 to Water & Sewer Service Agreement – Pokagon Band of Potawatomi Indians & Pokagon Gaming Authority
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12/18/2020 1:17:34 PM
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12/18/2020 1:17:05 PM
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Board of Public Works
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Contracts
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12/17/2020
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Page 5 of 7 <br />I.Section 6 is amended by deleting in its entirety Paragraph (j)(formerly <br />Paragraph (h)). <br />3.Miscellaneous Provisions. <br />(a). No Other Amendments . Except as expressly amended or waived <br />hereby, all terms and conditions contained in the Water/Sewer <br />Agreement, as amended or waived by this Amendment No. 1, shall <br />remain unchanged and in full force and effect in accordance with their <br />respective terms. All references in the Water/Sewer Agreement to “this <br />Agreement” and “herein” and all references to the Agreement in any <br />exhibits or attachments to the Agreement and in any documents <br />executed in connection with the Agreement shall mean the Agreement <br />as hereby amended . <br />(b). Severability. If any provision, or any portion of any provision, of this <br />Amendment No. 1 is found to be invalid or unenforceable, such <br />unenforceable provision, or unenforceable portion of such provision, <br />shall be deemed severed from the remainder of this A mendment and <br />shall not cause the remainder of this A mendment to be invalid or <br />unenforceable. If any provision, or any portion of any provision, of this <br />Amendment is deemed invalid due to its scope or breadth, such <br />provision shall be deemed valid to the extent of the scope or breadth <br />permitted by law. <br />(c). Entire Agreement. This Amendment No. 1 and the Water Service and <br />Sewer Service Agreement made by and between the parties on March <br />22, 2016 contain the entire understanding and agreement of the par ties <br />hereto and supersede all other prior agreements and understandings, <br />written or oral between the parties. There are no oral agreements. <br />(d). Preparation of Agreement. This Amendment No. 1 was drafted and <br />entered into after careful review and upon the advice of competent <br />counsel; it shall not be construed more strongly for or against any party. <br />(e). Execution. This Amendment No. 1 may be executed in counterparts, <br />all of which taken together shall constitute one document. <br />(f). Authorization. Each person signing for an entity warrants that he or <br />she is duly authorized to do so.
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