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5.03 Time of Essence. Time is of t <br />reasonable effort to expedite the subject <br />herein) and acknowledge that the succe <br />cooperation. <br />5.04 Force Majeure. Notwithstanding <br />liable for its failure to perform any of its <br />which its performance is delayed by cc <br />control of such party, including, without <br />war, embargo, riot, communicable diseas <br />acts or intervention of government (19 <br />performing party shall exercise all reaso <br />hereunder. Any deadline imposed by thi <br />event of Force Majeure plus the time re <br />therefrom. <br />5.05 Breach. Before any failure of any <br />MOU shall be deemed to he a breach of ti <br />writing, the party alleged to have fai <br />performance. No breach of this MOU <br />commenced to the reasonable satisfaction <br />receipt of such notice. If after said notic( <br />breaching party may seek any remedy ava <br />performance. <br />essence of this MOU. The parties shall make every <br />itters hereof (subject to anytime limitations described <br />hl performance of this MOU requires their continued <br />ny other provision of the MOU, neither party shall be <br />)bligations urider this Agreement during any period in <br />tditions, in whole or in part, beyond the reasonable <br />limitation, acts of god, fire, wind, earthquake, flood, <br />: outbreak, public health emergency, terrorism or the <br />orce Majeure"), provided, however, that the non- <br />able efforts to resume and maintain its performance <br />Agreement shall be extended by the duration of the <br />luired by the party affected by the same to recover <br />arty of this MOU to perform its obligations under this <br />s MOU, the party claiming such failure shall notify, in <br />;d to perform such obligation and shall demand <br />iay be found to have occurred if performance has <br />if the complaining party within thirty (30) days of the <br />the breaching party fails to cure the breach, the non- <br />able at law or equity, including the remedy of specific <br />5.06 Amendment. This MOU, and any 1xhibits attached hereto, may be amended only by the <br />mutual consent of the parties, by the adopi ion of a resolution of the Commission approving said <br />amendment, as provided by law, and by the execution of said amendment by the parties or their <br />successors in interest. <br />5.07 No Other Agreements. Except otherwise 'expressly provided herein, this MOU <br />supersedes all prior agreements, negotiatio sand discussions relative to the subject matter hereof <br />and is a full integration of the agreement o the parties. <br />5.08 Severability. If any provision, covenant, agreement or portion of this MOU or its <br />application to any person, entity or proper y, is held invalid, such invalidity shall not affect the <br />application or validity of any other provisions, covenants, agreements or portions of this MOU <br />and, to that end, any provisions, covenants agreements or portions of this MOU are declared to <br />be severable. <br />5.09 Indiana Law. This MOU shall be <br />Indiana. <br />US.54209507.06 <br />in accordance with the laws of the State of <br />