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PRO~ecTr.D.: aoia~~
<br />(C.) The construction and enforcement of this Agreement will be governed by the laws of the
<br />State of Indiana, without regard to principles of choice of law and the venue for any court
<br />action shalt be the circuit or superior court of Marion County, Indiana or the United States
<br />District Court of the Southern District of Indiana and the Grantee hereby consents to the
<br />personal jurisdiction of said courts.
<br />(D.) No waiver of any default.. failure to perform, condition, provision or breach of this Agreement
<br />will be deemed to imply or constitute a waiver of any other like default, failure to perform,
<br />condition, provision or breach of this Agreement.
<br />(E.) If any paragraph, term, condition or provision of this Agreement will be found, by a court of
<br />competent jurisdiction, to be invalid or unenforceable, or if any paragraph, term, condition or
<br />provision is found to violate or contravene the laws of the State of Indiana, then the
<br />paragraph, term, condition or provision so found will be deemed severed from this
<br />Agreement, but all other paragraphs, terms, conditions and provisions will remain in full
<br />force and effect.
<br />(F.) The parties to the Agreement, in the performance of this Agreement, will be acting in an
<br />individual capacity and not as agents, employees, partners, joint venturers or associates of
<br />one another. The employees or agents of one party shall not be deemed or construed to be
<br />the employees or agents of any other party for any purposes whatsoever. No party will
<br />assume any liability for any injury (including death) to any persons, or any damage to any
<br />property arising out of the acts or omissions of the agents, employees or subagents of any
<br />other party.
<br />(G.) Grantee shall be responsible for providing all necessary unemployment and workers'
<br />compensation insurance for Grantee's employees.
<br />(H.) Unless otherwise terminated or modified as expressly permitted hereunder, this Agreement
<br />will remain in force during the Term stated in Paragraph 2. Notwithstanding anything
<br />contained herein to the contrary, provisions of this Agreement, which by their nature
<br />contemplate rights and obligations of the parties to be enjoyed or performed after the
<br />expiration or termination of this Agreement, will survive until their purposes are fulfilled.
<br />26. REPRESENTATIONS CONCERNING APPLICATION:
<br />The Grantee represents and warrants that the representations, statements and all other matters
<br />contained in the application submitted by the Grantee to the State are true and complete in all
<br />material respects. It shall be considered a material breach of this Agreement if such
<br />representations, statements and other matters were not true and complete at the time the application
<br />was made.
<br />27. AUTHORITY TO COMMIT TO GRANT AGREEMENT:
<br />Notwithstanding anything in this Agreement to the contrary, the signatory for the Grantee represents
<br />that he/she has been duly authorized to execute contracts on behalf of the Grantee and has
<br />obtained all necessary or applicable approvals from the offce of the Grantee to make this
<br />Agreement fully binding upon the Grantee when his/her signature is affixed, and this Agreement is
<br />not subjeck to further acceptance by Grantee when accepted by the Grantor.
<br />28. NON-COLLUSION AND ACCEPTANCE:
<br />The undersigned attests, subject to the penalties for perjury, (i) that hefshe is the contracting party,
<br />or that he/she is the duly authorized representative, agent, member or officer of the contracting
<br />party; (ii) that hefshe has not, nor has any other member, employee, representative, agent or officer
<br />of the firm, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into
<br />any combination, collusion or agreement to receive or pay, and (iii) that he/she has not received or
<br />paid any sum of money or other consideration for the execution of this Agreement other than that
<br />which appears upon the face of the Agreement.
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