6.D.(1) Contract with South Bend Heritage

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or national origin. SECTION 11.0 AME'N'DMENT. This Agreement ma.' he amended from time to time, in v,-hole or in par[, by mutual ~nTitten consent of the parties in accordance vt'ith this Agreement. SECTION J2.0 LAS".' GOVEK'~I1\G. This Agreement shall be construed and interpreted according to the la~~s of the State of Indiana. SECTION I~.O COOPF,RATION rN TFIE E~'F_NT OP A LEGAL CIL~LLENGE. ]n the event of an}' administrative, legal or equitable action or other proceedine instituted by ane person not a part}° to this Agreement challenging the ~~alidit}~ of an~~ pro~~ision of this Agreement. the Parties shall cooperate in defendin<~ such action or proceeding to settlement or final judgment includin~~ all appeals. ~aeh Pam shall select its otiv legal counsel and retain such counsel at its o~~.~n expense, and in no event shall Commssion he required to bear the fees and costs of SBHF's attorneys nor shall SBHF be required to bear the fees and costs of Commission s attorney s. 1~he Parties a~~ree that this SEC~fIC)'.~ 13.0 shall constitute a separate agreement entered into concurrently ~~th this Agreement, and that if an~~ other provision of this A~~reemeni. or the Agreement as a whole. is invalidated. rendered null or set aside by a court of competent jurisdiction_ the Parties agree to he bound b_v the terms of this section, ti~hich shall survive such in~'alidation, nullification, or setting aside. SECTION 14.(1 'yIISCELLANEOL;S. 14.1 Se~~erabilih~. 1f am' terra or pro~'ision of this Agreement. or the application of anv term or provision of this Agreement to a particular situation. is heid b~~ a court of competent jurisdiction to he im~alid. void or unenforceable, the remaining terms and pro~~isions of this Agreement. or the application of this Ag~reentent to other situations.. shall continue in fu71 force and effect unless amended or modified b}~ mutual consent of the parries. ?~ot~~,~ithst~mdmg the foregoing. if anv material pro~•ision of this A~~reemerlt, or the application of such provision 1o a panicular situation. is held to be im~alid. void or unenforceable, Commission mad. in Corrmission~s sole and absolute discretion, terminate this Agreement b~~ pro~'idin~~ ~Titten nonce of such termination to SBNF. 14.2 Other Necessar-~~ Acts. Each part~~ shall execute and delis°er to the other all such other (urine: instruments and documents as may he reasonable necessary to accor.~pl;sh the s IL.A',-i ~ ' ~'.1'iCl~. C;~ v~,~\~ , ~13!iF ~'~ ~GRGLI,4F,'~"I~ v~4 0 -'':2:D<>C'