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(D.) No waiver of any default, failure to perform, condition, provision or breach of this <br />Agreement will be deemed to imply or constitute a waiver of any other like <br />default, failure to perform, condition, provision or breach of this Agreement. <br />(E.) If any paragraph, term, condition or provision of this Agreement will be found, by <br />a court of competent jurisdiction, to be invalid or unenforceable, or if any <br />paragraph, term, condition or provision is found to violate or contravene the laws <br />of the State of Indiana, then the paragraph, term, condition or provision so found <br />will be deemed severed from this Agreement, but all other paragraphs, terms, <br />conditions and provisions will remain in full force and effect. <br />(F.) The parties to the Agreement, in the performance of this Agreement, will be <br />acting in an individual capacity and not as agents, employees, partners, joint <br />venturers or associates of one another. The employees or agents of one party <br />shall not be deemed or construed to be the employees or agents of any other party <br />for any purposes whatsoever. No party will assume any liability for any injury <br />(including death) to any persons, or any damage to any property arising out of the <br />acts or omissions of the agents, employees or subagents of any other party. <br />(G.) Grantee shall be responsible for providing all necessary unemployment and <br />workers' compensation insurance for Grantee's employees. <br />(H.) Unless otherwise terminated or modified as expressly permitted hereunder, this <br />Agreement will remain in force during the Term stated in Paragraph 2. <br />Notwithstanding anything contained herein to the contrary, provisions of this <br />Agreement, which by their nature contemplate rights and obligations of the parties <br />to be enjoyed or performed after the expiration or termination of this Agreement, <br />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 <br />matters contained in the application submitted by the Grantee to the County or State are <br />true and complete in all material respects. It shall be considered a material breach of this <br />Agreement if such representations, statements and other matters were not true and <br />complete at the time the application was made. <br />27. AUTHORITY TO COMMIT TO GRANT AGREEMENT: <br />Notwithstanding anything in this Agreement to the contrary, the signatory for the Grantee <br />represents that he/she has been duly authorized to execute contracts on behalf of the <br />Grantee and has obtained all necessary or applicable approvals from the office of the <br />Grantor to make this Agreement fully binding upon the Grantor when his/her signature is <br />affixed, and this Agreement is not subject to further acceptance by Grantor when <br />accepted by the Grantor. <br />16 <br />F:A*.*\Projects-Miscellaneous\Tech Park\Subgrant Agreement-Notre Dame (2) 8.17.09 <br />