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right, shall constitute a waiver of that or any other right, unless <br />otherwise expressly provided herein. <br />e. Force Majeure, Suspension and Termination - In the event that either <br />party is unable to perform any of its obligations under this <br />Contract or to enjoy any of its benefits because. of natural disaster <br />or decrees of governmental bodies not the fault of the affected <br />party (hereinafter referred to as a "Force Majeure Event"), the <br />party who has been so affected shall immediately give notice to the <br />other party and shall do everything possible to resume performance. <br />Upon receipt of such notice, all obligations under this Contract <br />shall be immediately suspended. If the period of nonperformance <br />exceeds thirty (30) days from the receipt of notice of the Force <br />Majeure Event, the party whose ability to perform has not been so <br />affected may, by giving written notice, terminate this Contract. <br />f. Funding Cancellation. When the Director of the State Budget Agency <br />makes a written determination that funds are not appropriated or <br />otherwise available to support continuation of this Contract, the <br />Contract shall be canceled. A determination by the Budget Director <br />that funds are not appropriated or otherwise available to support <br />continuation of performance shall be final and conclusive. <br />g. Governing Laws. This Contract shall be governed, construed, and <br />enforced in accordance with the laws of the State of Indiana without <br />regard to its conflict of laws rules. Suit, if any, must be brought <br />in the State of Indiana. <br />h. Merger & Modification. This Contract constitutes the entire agreement <br />between the parties. No understandings, agreements, or <br />representations, oral or written, not specified within this Contract <br />will be valid provisions of this Contract. This Contract may not be <br />modified, supplemented, or amended, except by written agreement signed <br />by all necessary parties. Except, elements of the traffic signal <br />maintenance activities and record keeping may be added, deleted or <br />modified in the normal course of business without submittal to the <br />Attorney General for approval. <br />i. Non -Waiver. No delay or failure by either party to exercise any <br />right hereunder, and no partial or single exercise of any such <br />right, shall constitute a waiver of that or any other right, unless <br />otherwise expressly provided herein. <br />Page 25 of 53 Pages <br />