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6C4&5
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03-28-13
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6C4&5
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iii. This Agreement constitutes the legal, valid and binding obligations of <br />Bosch, enforceable in accordance with its terms. <br />Section 6 - Rights of Offset <br />Bosch reserves all rights of offset set forth in Section 12 of the Rehabilitation Agreement. <br />Section 7- Arbitration <br />The parties agree that in the event any dispute arises out of or concerning the breach, alleged <br />breach or interpretation of this Agreement, including the parties respective Continuing <br />Obligations, the parties, in good faith, shall meet, confer and attempt to reach an amicable <br />resolution of the dispute. If the parties fail to resolve the dispute within 30 days, then either <br />party may submit the dispute to non - binding arbitration in St. Joseph County, in accordance with <br />the rules of the American Arbitration Association for business disputes. In the event Honeywell <br />International, Inc. is a necessary or indispensible parry, the arbitration provisions contained in the <br />Remediation Agreement and the Agreement of Sale respectively shall apply. <br />Section 8- Waiver of Jury Trial <br />The Parties acknowledge that any disputes arising under this Agreement are likely to be complex <br />and they desire to streamline and minimize the cost of resolving such disputes. Therefore, each <br />party has agreed to non - binding arbitration. In any legal proceeding, each party irrevocably <br />waives all rights to a trial by jury in any action, counterclaim, dispute or proceeding based upon, <br />or related to the subject matter of this Agreement. This Paragraph shall be deemed a covenant <br />and enforceable independently of all other provisions of this Agreement. This waiver is <br />knowingly, intentionally and voluntarily made by all Parties. In the event Honeywell <br />International, Inc. is a necessary or indispensible party, the waiver of jury trial provision <br />contained in the Agreement of Sale shall apply. <br />Section 9 — Entire Agreement <br />All understandings and agreements concerning the termination of the Lease Agreement <br />and the Rehabilitation Agreement heretofore had between the Parties are merged into this <br />Agreement which fully and completely expresses the Parties' agreement, neither party relying <br />upon any statement or representation not embodied herein. This Agreement may not be changed <br />or terminated orally. No modification or amendment of this Agreement shall be valid unless it is <br />reduced to a writing signed by both the Parties. <br />Section 10 — Notices <br />All notices required under this Agreement, unless otherwise specified, shall be deemed to <br />be properly served if sent by registered or certified mail, by reputable overnight courier or <br />facsimile to the addresses set forth below. The date of service of such notice shall be two <br />business days after the date such notice is deposited in a post office of the United States Post <br />Office Department, one business day after the date deposited with a reputable overnight courier <br />
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