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Sewer & Water Extension Agreement & Title Sheet - Utility Extension for Campus View - UND Property Owner, LLC
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Sewer & Water Extension Agreement & Title Sheet - Utility Extension for Campus View - UND Property Owner, LLC
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9/13/2022 1:57:36 PM
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9/13/2022 1:56:43 PM
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Board of Public Works
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Contracts
Document Date
9/13/2022
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13. Assignment <br />This Agreement may not be assigned by the Owner without the express written consent of the <br />City which such consent may be withheld for any reason. Any violation of this limitation shall <br />terminate the City’s obligation and forfeit the Owner’s rights under this Agreement. <br />14. Material Breach <br /> In the event either party breaches any of the provisions set forth herein, the non-breaching <br />party shall provide written notice of the breach to the breaching party. Upon receipt of the notice, <br />the breaching party shall use its good faith efforts to cure the breach as soon as practical. In the <br />event the breach is not cured within a reasonable amount of time, the non -breaching party may <br />terminate this Agreement and pursue its legal and equitable remedies. <br />15. Governing Law and Jurisdiction <br />This Agreement shall be construed and interpreted according to the laws of the State of Indiana, <br />including, but not limited to, I.C. § 8-1-2-101.5 and 170 I.A.C. 6-1.5 et seq. and/or 170 I.A.C. 8.5- <br />4 et seq. regarding the dispute resolution process of customer complaints, and shall be enforced in <br />any court of competent jurisdiction in St. Joseph County, Indiana. It is further agreed that all <br />provisions of law now or hereafter in effect relating to water and sewer service by the City shall <br />be applicable to this Agreement. <br />16. Severability <br />Wherever possible, each provision of this Agreement shall be interpreted in such a manner as <br />to be effective and valid under applicable law, but if any provision of this Agreement shall be <br />prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent <br />of such prohibition or invalidity, without invalidating the remainder of such provision or the <br />remaining provisions of this Agreement.
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