MOU - Jagdish Easement Kern Rd. & Michigan St. - AEP

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7 This MOU sets forth the entire agreement and understanding between AEP and the City as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. This MOU may be amended only by separate writing, signed by authorized representatives of both the AEP and the City. This MOU will be construed and interpreted according to the laws of the State of Indiana, and any dispute arising out of this MOU will be resolved in the courts located in St. Joseph County, Indiana, unless the parties mutually agree to a different method of dispute resolution. 19.0 Waiver Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this MOU shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. 20.0 Severability All provisions of this MOU shall be considered as separate terms and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of this MOU, in which case AEP and the City agree to amend this MOU with replacement provisions containing mutually acceptable terms and conditions. 21.0 Authorized Signatories AEP and the City agree and warrant that the individuals signing this MOU on behalf of the respective parties are authorized to execute such an agreement. No further proof of authorization shall be required. Neither AEP nor the City shall be deemed to be the drafter of this MOU, and no term in this MOU shall be construed against any party on the basis that the party drafted the MOU. 22.0 Countersignatures This MOU may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. 23.0 Additional Documents