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for perjury, that he is the Consultant, that he has not, nor has any assignee or subcontractor, directly
<br />or indirectly, to the best of his knowledge after due inquiry, entered into or offered to enter into
<br />any combination, collusion or agreement to receive or pay, and that neither he nor any assignee or
<br />subcontractor hereunder has received or paid, any sum of money or other consideration for the
<br />execution of this Agreement other than that which appears upon the fact of this Agreement.
<br />16. Taxation. The Provider is solely responsible for compliance with federal, state, and
<br />local laws and regulations relating to taxes and social security payments that may be required to
<br />be made in connection with the compensation provided under this Agreement. The City may,
<br />however, file informational returns with the United State Internal Revenue Service or similar state
<br />agency regarding payments made to Provide, in accordance with this Agreement under conditions
<br />imposed by federal, state, or local laws applicable to such payment. The City shall provide IRS
<br />Form 1099, if applicable.
<br />17. Entire Agreement; Amendment; Applicable Law. This Agreement sets forth the
<br />entire agreement and understanding between the parties as to the subject matter hereof, and merges
<br />and supersedes all prior discussions, agreements, and understandings of any and every nature
<br />between them. This Agreement may be amended only by separate writing, signed by authorized
<br />representatives of both the Provider and the City. This Agreement will be construed and
<br />interpreted according to the laws of the State of Indiana without regard to conflicts of laws statutes.
<br />Any dispute arising under the terms of this Agreement shall be filed in any court of competent
<br />jurisdiction in St. Joseph County, Indiana. The Consultant agrees to comply with, and shall cause
<br />any subcontractor hereunder to comply with, all applicable federal, state and local laws, rules,
<br />regulations and ordinances, and all provisions required thereby are hereby incorporated herein by
<br />reference. Consultant shall comply with federal, state and local law in its hiring and employment
<br />practices and policies for any activity covered by this Agreement. Further, the City shall not be
<br />required to pay for Services that are inconsistent with or in violation of this Agreement nor for any
<br />Services performed in violation of federal, state or local statute, ordinance, rule or regulation.
<br />18. Severability. All provisions of this Agreement shall be considered as separate terms
<br />and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other
<br />provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable
<br />provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a
<br />material provision of this Agreement, in which case the Provider and the City agree to amend this
<br />Agreement with replacement provisions containing mutually acceptable terms and conditions.
<br />19. No Waiver. No failure or delay on the part of either Party in exercising any right
<br />under this Agreement will operate as a waiver of, or impair, any such right. No single or partial
<br />exercise of any such right will preclude any other or further exercise thereof or the exercise of any
<br />other right. No waiver of any such right will have effect unless given in a written document signed
<br />by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right
<br />hereunder.
<br />20. Signatures. In accordance with Indiana Code Section 26-2-8-106, each Party agrees
<br />that this Agreement may be electronically signed, and that any electronic signatures appearing on
<br />this Agreement are the same as handwritten signatures for the purposes of validity, enforceability,
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