MOU - Pedestrian Walkway & Island on LaSalle Ave. – Board of Commissions of St. Joe Co.

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Section 8. Project Compliance. The City shall comply with all state, federal and local laws and regulations applicable to the Project, including all environmental and health and safety laws and regulations. Section 9. Interference with County Access. The City shall refrain from interrupting or interfering in any manner with the County’s access to the Bridge. No activities the City undertakes in the furtherance of the Project shall impede the County’s access to the Bridge, unless the County gives prior written consent to such impediment to access, which consent shall be at the sole discretion of the County. Under no circumstances will such impediment to access under such consent prevent County access to the Bridge for greater than twenty -four (24) consecutive hours. The City shall be liable for any damages, injuries, or claims of any nature resulting from the City’s noncompliance with the restrictions of this section. Section 10. Integration; Amendment. This Agreement supersedes all prior negotiations, understandings, and agreements, whether written or oral, concerning the subject matter of this Agreement and constitutes the parties’ entire agreement. This Agreement may not be altered except by a written instrument signed by authorized representatives of both parties. Section 11. Waiver. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement 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. Section 12. Severability. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement shall continue in full force and effect unless amended or modified by mutual consent of the parties. Section 13. Counterparts; Signatures. This Agreement may be separately executed in counterparts by the Parties, and the same, when taken together, will be regarded as one original Agreement. Electronically transmitted signatures will be regarded as original signatures. Section 14. Authority. Each undersigned person signing on behalf of his or her respective party certifies that he or she is duly authorized to bind his or her respective party to the terms of this Agreement. Section 15. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. The Circuit or Superior Courts of St. Joseph County, Indiana shall have exclusive jurisdiction and venue over any legal action arising out of or relating to this Agreement.