6G(2) SubGrant Agreement Innovation Park at Notre Dame

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(C.) The construction and enforcement of this Agreement will be governed by the laws of the State of Indiana, without regard to principles of choice of law and the venue for any court action shall be the circuit or superior court of St. Joseph County, Indiana or the United States District Court of the Northern District of Indiana and the Grantee hereby consents to the personal jurisdiction of said courts. (D.) No waiver of any default, failure to perform, condition, provision or breach of this Agreement will be deemed to imply or constitute a waiver of any other like default, failure to perform, condition, provision or breach of this Agreement. (E.) If any paragraph, term, condition or provision of this Agreement will be found by a court of competent jurisdiction to be invalid or unenforceable, or if any paragraph, term, condition or provision is found to violate or contravene the laws of the State of Indiana, then the paragraph, term, condition or provision so found will be deemed severed from this Agreement, but all other paragraphs, terms, conditions and provisions will remain in full force and effect. (F.) The parties to the Agreement, in the performance of this Agreement, will be acting in an individual capacity and not as agents, employees, partners, joint venturers or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of any other party for any purposes whatsoever. No party will assume any liability for any injury (including death) to any persons, or any damage to any property arising out of the acts or omissions of the agents, employees or subagents of any other party, except as specifically provided herein. (G.) Grantee shall be responsible for providing all necessary unemployment and workers' compensation insurance for Grantee's employees. (H.) Unless otherwise terminated or modified as expressly permitted hereunder, this Agreement will remain in force during the Term stated in Paragraph 2. Notwithstanding anything contained herein to the contrary, provisions of this Agreement, which by their nature contemplate rights and obligations of the parties to be enjoyed or performed after the expiration or termination of this Agreement, will survive until their purposes are fulfilled. 21. REPRESENTATIONS CONCERNING APPLICATION: The Grantee represents and warrants that the representations, statements and all other matters contained in the application submitted by the Grantee to DOE are true and complete in all material respects. It shall be considered a material breach of this Agreement if such representations, statements and other matters were not true and complete at the time the application was made. 22. AUTHORITY TO COMMIT TO SUB-GRANT AGREEMENT: Notwithstanding anything in this Agreement to the contrary, the signatory for the Grantee represents that he/she has been duly authorized to execute contracts on behalf of the 10