5A03 Second Amendment Ignition Park Tree Nursery

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“Term”). At the conclusion of the Term, this Agreement shall automatically renew for one (1) year periods unless RDC or VPA deliver written notice of its intention not to renew to the other Party. Notwithstanding the foregoing, either VPA or RDC may terminate this Agreement in whole or in part, for any reason, at any time, if it determines that such termination is in its best interests, and provides the other Party at least sixty (60) days’ advance written notice. Section 4. Assignment; Subcontractors. VPA and RDC shall not assign or subcontract the whole or any part of this Agreement without the prior written consent of the other Party. Section 5. Changes in Scope of Use. RDC and VPA understand and agree that the intended use of the RDC Lot delineated in this Agreement is limited to the establishment and maintenance of an urban tree nursery. Any changes thereto must be authorized in writing by both VPA and RDC. Section 6. Governing Law; Compliance with Laws. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. The Parties hereto agree to comply with all applicable federal, state and local laws, rules, regulations and ordinances, and all provisions required thereby are hereby incorporated herein by reference. Section 7. Waiver. One or more waivers of any condition herein shall not be construed as a waiver of a subsequent breach of the same condition. Section 8. Authority. Each undersigned person signing on behalf of their respective party certifies that they are duly authorized to bind his/her respective Party to the terms of this Agreement. Section 9. Entire Agreement. This Agreement sets forth the entire agreement and understanding between the Parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. ****SIGNATURE PAGE FOLLOWS****