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<br />liability or obligations hereunder. The City may not assign is interest in this Agreement to any
<br />other person or entity without obtaining the prior approval of the Company.
<br />Section 8.7. Governing Law. It is the intention of the parties hereto that this
<br />Agreement and the rights and obligations of the parties hereunder shall be governed by and
<br />construed and enforced in accordance with, the laws of Indiana.
<br />Section 8.8. Unavoidable Delay. In the event that the Company shall be delayed,
<br />hindered in or prevented from the performance of any act required under this Agreement by reason
<br />of strikes, lock-outs, labor troubles, inability to procure materials which could not have been
<br />reasonably anticipated and avoided by the Company, failure of power to the Project for reason
<br />other than acts of the Company or any person or party acting by, through or under the Company,
<br />restrictive governmental laws or regulations, act of God, fire, earthquake, flood, explosion,
<br />terrorism, action of the elements, war (declared or undeclared), police action, invasion,
<br />insurrection, riot, mob violence, sabotage, health pandemic or epidemic, the act, failure to act or
<br />default of the City, or other causes beyond the Company's reasonable control (other than financial
<br />reasons), then performance of such act shall be extended for a period necessitated by such delay.
<br />Section 8.9. Addresses for Notice and Demands. All notices, demands,
<br />certificates or other communications hereunder shall be sufficiently given when received or your
<br />first refusal thereof and mailed by certified mail, postage prepaid, or sent by nationally recognized
<br />overnight courier and addressed to the appropriate Notice Address (provided, however, notices,
<br />demands, certificates or other communications to the Trustee shall be effective upon receipt by the
<br />Trustee). The City, the Company and the Trustee may, by written notice given by each to the
<br />others, designate any address or addresses to which notices, demands, certificates or other
<br />communications to them shall be sent when required as contemplated by this Agreement.
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<br />All notices, approvals, consents, requests and any communications to the Trustee
<br />hereunder must be in writing in English and must be in the form of a document that is signed
<br />manually or by way of an electronic signature (including electronic images of handwritten
<br />signatures and digital signatures provided by DocuSign, Orbit, Adobe Sign or any other electronic
<br />signature provider acceptable to the Trustee). Electronic signatures believed by the Trustee to
<br />comply with the ESIGN ACT of 2000 or other applicable law shall be deemed original signatures
<br />for all purposes. If the City or the Company chooses to use electronic signatures to sign documents
<br />delivered to the Trustee, the City or the Company, as applicable, agrees to assume all risks arising
<br />out of its use of electronic signatures, including without limitation the risk of the Trustee acting on
<br />an unauthorized document and the risk of interception or misuse by third parties. Notwithstanding
<br />the foregoing, the Trustee may in any instance and in its sole discretion require that an original
<br />document bearing a manual signature be delivered to the Trustee in lieu of, or in addition to, any
<br />document signed via electronic signature.
<br />Section 8.10. Counterparts. This Agreement is being executed in any number of
<br />counterparts, each of which is an original and all of which are identical. Each counterpart of this
<br />Agreement is to be deemed an original hereof and all counterparts collectively are to be deemed
<br />but one instrument.
<br />(End of Article VIII)
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