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<br />Page 7 of 13 <br /> <br />modification or extension of the water main and that any such extension or <br />modification shall fully comply with applicable local and state laws and <br />regulations and shall be subject to the approval of the City. <br /> <br />7. Force Majeure. The parties to this Agreement shall not be excused from the <br />performance of any of their obligations under this Agreement except when such <br />performance is prevented by causes which are beyond the reasonable control and <br />without the fault of the party affected, such as acts of God, war, t errorism, civil <br />unrest, labor shortages and acts of a government in its sovereign capacity. The party <br />whose performance is delayed shall promptly notify the other party of any such <br />cause for non-performance and, upon such notification, such party’s performance <br />shall be excused on a day-to-day basis only for the duration of the cause of non - <br />performance and only to the extent that performance is actually prevented provided, <br />however, that such party diligently pursues all reasonable efforts to eliminate the <br />cause of non-performance. Where the performance of one party is excused, the <br />performance of the other parties shall likewise be excused , and all parties shall <br />promptly resume performance upon the cessation of the cause of non -performance. <br /> <br />8. Dispute Resolution. The parties shall us e their best efforts to amicably and <br />diligently resolve every controversy, question, claim, or dispute between the m that <br />arises out of this Agreement. In the event that the parties cannot fully resolve the <br />dispute, the parties agree to use non-binding mediation by a mutually acceptable <br />mediator to resolve the dispute . If the dispute cannot be resolved by non-binding <br />mediation, the parties agree that the state and federal courts within Indiana shall <br />have exclusive subject-matter jurisdiction over any dispute that arises out of this <br />Agreement. <br /> <br />9. Governing Law. This Agreement shall be deemed entered into in Indiana and shall <br />be subject to the internal laws of the State of Indiana and any applicable federal law. <br /> <br />10. Legal Costs. The parties agree and stipulate that each party shall bear its own costs, <br />expenses and attorneys’ fees in relation to this Agreement. <br /> <br />11. Miscellaneous Provisions . <br /> <br />(a) Notice. Any notice required to be given pursuant to this Agreement shall be <br />delivered to the appropriate party by Certified Mail Return Receipt Requested, <br />or by overnight mail or courier service, to the following addresses: <br /> <br />If to the City: <br /> <br />City of South Bend, Department of Public Works