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MOU - Notre Dame Angela Pedestrian Improvements
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MOU - Notre Dame Angela Pedestrian Improvements
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4/25/2023 4:37:38 PM
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4/25/2023 4:37:35 PM
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Board of Public Works
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Contracts
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4/25/2023
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4 <br />contemplated under this Agreement. To the extent possible, each party shall provide <br />notice and advance copy of press releases or public statements to the public <br />relations office of the other parties in advance of public release. <br />c)The parties agree that they shall mutually agree upon the design drawings and <br />specifications prepared by a third-party engineering firm. Neither Party will enter <br />into a contract for the work contemplated by this Agreement until both Parties have <br />agreed, in writing, to the final design and project specifications. <br />d)This Agreement may be modified only by the written mutual consent of the <br />authorized representative of the parties. <br />e)This Agreement shall be construed and governed according to the laws of the State <br />of Indiana, and any disputes arising hereunder that cannot be resolved amicably as <br />set forth herein shall be resolved exclusively in the State or Federal Courts seated in <br />St. Joseph County, Indiana. <br />f)In the event of any litigation, mediation, or arbitration among the Parties regarding <br />an alleged breach of this Agreement, neither shall be entitled to any award of <br />attorney’s fees. <br />g)Each undersigned person executing and delivering this Agreement on behalf of a <br />party represents and certifies that he or she is the duly authorized officer or <br />representative of such party, that he or she has been fully empowered to execute and <br />deliver this Agreement on behalf of such party, and that all necessary action to <br />execute and deliver this Agreement has been taken by such party. <br />h)Nothing in this Agreement, express or implied, is intended or shall be construed to <br />confer upon any person, firm, or corporation other than the Parties hereto and their <br />respective successors or assigns, any remedy or claim under or by reason of this <br />Agreement or any term, covenant, or condition hereof, as third-party beneficiaries <br />or otherwise, and all of the terms, covenants, and conditions hereof shall be for the <br />sole and exclusive benefit of the parties herein. <br />i)This document contains all of the agreements between the Parties and supersedes all <br />prior negotiations, representations, or agreements, either written or oral. <br />j)If any provision of this Agreement is found by any court of competent jurisdiction <br />to be illegal, invalid, or unenforceable, the remainder of this Agreement will not be <br />affected thereby, and in lieu of any provision that is found to be illegal, invalid, or
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