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breach of this Agreement shall be held to constitute a waiver of any other or subsequent <br /> breach.No waiver of any right will be deemed a waiver of any other right hereunder. <br /> Section 11.06. Severability. Should any part of this Agreement be determined by a <br /> court of competent jurisdiction to be invalid, illegal, or against public policy, said offending <br /> section shall be void and of no effect, and shall not render any other section herein, nor this <br /> Agreement as a whole, invalid. Those rights, interests, obligations, and duties hereunder, <br /> which by their nature should survive, shall remain in effect after termination, suspension, or <br /> expiration hereof. <br /> Section 11.07. Non-Discrimination. Pursuant to Ind. Code § 22-9-1-10, neither the <br /> parties, nor any of their contractors or subcontractors shall discriminate against any <br /> employee or applicant for employment, to be employed in the performance of any work <br /> under this Agreement with respect to hire, tenure,terms, conditions, or privileges of <br /> employment, or any matter directly or indirectly related to employment, because of race, <br /> color, religion, sex, disability, national origin, or ancestry. Breach of this covenant may be <br /> regarded as a material breach of this Agreement. <br /> Section 11.08. Counterparts. This Agreement may be executed in counterparts, each <br /> of which when executed shall be deemed to be an original, and such counterparts,together, <br /> shall constitute but one and the same Agreement. <br /> Section 11.09. Governing Law and Jurisdiction. This Agreement shall be governed <br /> by the laws of the State of Indiana, and any dispute relating to the subject of or arising out of <br /> this Agreement shall be subject to the sole and exclusive jurisdiction of the Circuit and <br /> Superior Courts of St. Joseph County, Indiana. <br /> Section 11.10. Further Assurances. The parties agree that they will each undertake <br /> in good faith, as permitted by law, any action and execute and deliver any document <br /> reasonably required to carry out the intents and purposes of this Agreement. <br /> Section 11.11. Exhibits. All Exhibits described herein and attached hereto are <br /> incorporated into the Agreement by reference. (Exhibit 1) <br /> Section 11.12. Entire Agreement. This Agreement, as it may be amended from time <br /> to time, encompasses the entire agreement of the parties concerning its subject matter, and <br /> no understanding, discussion, negotiation, or agreement will be binding on the parties unless <br /> it is set forth herein. <br />