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Page 4 of 5 <br />(f)Third Party Beneficiary. This Agreement is exclusively for the benefit of the <br />parties hereto. It may not be enforced by any party other than the parties to this <br />Agreement, and shall not give rise to liability to any third party. <br />(g)Successors and Assigns. The benefits and obligations of this Agreement shall <br />inure to and be binding upon the parties hereto and their respective successors <br />and assigns. The parties cannot assign their rights or obligations under this <br />Agreement except with the written consent of the other parties. <br />(h)Modification. Any change to or modification of this Agreement must be in <br />writing signed by the parties to this Agreement. <br />(i)Entire Agreement. This Agreement contains the entire understanding and <br />agreement of the parties hereto and supersedes all other prior agreements and <br />understandings, written or oral between the parties. There are no oral <br />agreements. <br />(j)Preparation of Agreement. This Agreement was drafted and entered into after <br />careful review and upon the advice of competent counsel; it shall not be <br />construed more strongly for or against any party. <br />(k)Execution. This Agreement may be executed in counterparts, all of which <br />taken together shall constitute one document. <br />(l)Authorization. Each person signing for an entity warrants that he or she is duly <br />authorized to do so. <br />Indiana Michigan Power Company <br />__________________________________ <br /> <br />__________________________________ <br />City of South Bend <br />CITY OF SOUTH BEND, INDIANA <br />BOARD OF PUBLIC WORKS <br />Eric Sauer, AEP Architect Sr. <br />2/3/2023