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With a copy to: City Attorney <br />City of South Bend, Indiana <br />1400 County-City Building <br />South Bend, Indiana 46601 <br />To the Operator: Ampco System Parking <br />1459 Hamilton Avenue <br />Cleveland, OH 44114 <br />Attention: Regional Manager <br />17) Intermediaries: The Commission and the Operator each represent and warrant <br />that they have not obligated the other to compensate any agent, attorney or broker <br />to be their intermediary in connection with the negotiation, preparation or <br />execution of this Agreement. <br />18) Descriptive Headings: The paragraph headings used herein are descriptive only <br />and for the convenience of identifying the provisions hereof and are not <br />determinative of the meaning of any of the provisions of this Agreement. <br />19) Non-discrimination: The Operator agrees not to discriminate against any <br />employee or applicant for employment to be employed in the performance of this <br />Agreement with respect to his or her hire, tenure, tens, conditions or privileges of <br />employment or any other matter directly or indirectly related to employment, <br />because of his or her race, color, religion, sex, handicap, national origin or <br />ancestry. <br />20) Entire Agreement: This Agreement contains the entire Agreement and <br />understanding between the Commission and the Operator and may be amended <br />and changed only by a written amendment executed after the date of this <br />Agreement, by the Commission and the Operator, specifically referencing this <br />Agreement. <br />21) Governing Law: This Agreement shall be governed by, construed and enforced <br />in accordance with the laws of the State of Indiana. <br />22) Survivability: To the extent permitted by law, all ternls and provisions of this <br />Agreement shall be binding upon and inure to the benefit of and be enforceable by <br />the Commission and the Operator and each of their respective successors in <br />interest. <br />23) Not a Lease: The Commission and the Operator acknowledge that this <br />Agreement does not constitute a lease of the Garages. Operator has no <br />responsibility for property taxes or capital equipment and improvements for the <br />Garages and no possessory interest in the Garages. <br />(Signature Page(s) Follow) <br />5 <br />