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13. Waiver, Amendment or Cancellation <br />Any waiver, amendment, or modification of any of the provisions of this Agreement, or <br />cancellation or replacement of this Agreement, shall not be valid unless in writing and signed by <br />the parties hereto. The waiver by any party of a breach or violation of any provision of this <br />Agreement shall not operate as or be construed to be, a waiver of any subsequent breach of the <br />same or other provisions hereof. <br />14. Indiana Law. <br />This Agreement and Performance hereunder shall be governed by and construed in <br />accordance with the laws of the State of Indiana. Any and all proceedings relating to the subject <br />matter hereof shall be maintained in the Courts of the State of Indiana or the Federal District Court <br />sitting in Indiana, which Courts shall have exclusive jurisdiction for such purposes. <br />15. Third Parties Acquire No Rights. <br />The rights and obligations arising from this Agreement shall inure to the exclusive benefit <br />of the parties hereto. Nothing herein shall be construed to create any rights or interests in parties <br />other than Saint Joseph=s and the Civil City of South Bend. <br />16. Interruption of Service. <br />If either party is prevented, hindered, or delayed in performing hereunder by reason of any <br />cause beyond the control of such party, and which cannot be overcome by due diligence, such <br />party shall be excused from such performance to the extent that it is necessarily prevented, <br />hindered, or delayed thereby. During the continuance of any such happening or event, this <br />Agreement shall be deemed suspended so long as and to the extent that any such cause prevents or <br />delays its performance. <br />17. Term and Termination. <br />This Agreement shall be in effect for five (5) calendar years commencing in 2017 through <br />the end of 2021 provided, however, either Memorial or SBFD shall have the right to terminate this <br />Agreement upon thirty (30) days written notice to the other party in the event either party <br />determines that the performance of the contract is not in the best interest of Memorial or SBFD, <br />whichever the case may be. <br />Nothing in this contract shall prohibit the parties from making written modifications to this <br />Agreement during its term. <br />7 <br />