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<br />Page 13 of 16 <br /> <br /> <br />3.39. Severability. The invalidity of any section, subsection, clause, or provision of this Agreement <br />shall not affect the validity of the remaining sections, subsections, clauses, or provisions of this <br />Agreement. <br /> <br />3.40. Status of Claims. The CITY shall be responsible for keeping INDOT currently advised as to <br />the status of any claims made for damages against the CITY resulting from services performed under <br />this Agreement. <br /> <br />3.41. Substantial Performance. This Agreement shall be deemed to be substantially performed <br />only when fully performed according to its terms and conditions and any written amendments or <br />supplements. <br /> <br />3.42. Taxes. Neither party is to be responsible for any taxes levied on the other party or its <br />contractors as a result of this Agreement. <br /> <br />3.43. Termination for Convenience. This Agreement may be terminated, in whole or in part, by <br />INDOT whenever, for any reason, INDOT determines that such termination is in its best interest. <br />Termination shall be affected by delivery to the CITY of a Termination Notice at least thirty (30) <br />days prior to the termination effective date, specifying the extent to which performance of services <br />under such termination becomes effective. <br /> <br />3.44. Termination for Default. [OMITTED – NOT APPLICABLE.] <br /> <br />3.45. Travel. [OMITTED – NOT APPLICABLE.] <br /> <br />3.46. Waiver of Rights. No right conferred on either party under this Agreement shall be deemed <br />waived, and no breach of this Agreement excused, unless such waiver is in writing and signed by <br />the party claimed to have waived such right. <br /> <br />3.47. Work Standards. [OMITTED – NOT APPLICABLE.] <br /> <br />3.48. State Boilerplate Affirmation Clause. [OMITTED – NOT APPLICABLE.] <br /> <br /> <br />THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK <br />