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approval required for full performance, civil disorders or commotion's, acts of aggression, <br />floods, earthquakes, acts of God, energy or other conservation measures, explosion, <br />failure of utilities, mechanical breakdowns, material shortages, disease, or other such <br />occurrences. <br />12. ASSIGNMENT. Neither Party shall assign its rights or duties under this Agreement to <br />another without the prior express written consent of the other Party. <br />13. SEVERABILITY. In the event a court: of competent jurisdiction holds any provision of <br />this Agreement to be invalid, such holding shall have no effect on the remaining <br />provisions of this Agreement, and they shall continue in full force and effect. <br />14. ENTIRE AGREEMENT. This Agreement with its incorporated exhibits, constitutes the <br />entire agreement between the Parties and supersedes all prior negotiations, <br />representations, commitments, offers, contracts and writings. Any amendments or <br />further addenda hereafter made shall be in writing and executed with the same formality. <br />15. GOVERNING LAW. This agreement shall be governed by and construed under the laws <br />of the State of Indiana. Any legal dispute arising hereunder shall be adjudicated <br />exclusively in the State or Federal courts sited in St. Joseph County, Indiana. <br />IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in duplicate by proper <br />persons thereunto duly authorized. <br />CITY OF SOUTH BEND, INDIANA <br />BOARD OF PUBLIC WORKS <br />I '0�� � &� <br />Gary Gilot, President <br />4 1-\ . <br />Ja es Mueller, Member <br />Elizabeth Maradik, Member <br />Therese Dorau, M mber <br />Suzanna Fritzberg, Member <br />ATTEST: <br />/' - - -4 R y- 4 t a // Gt:, C <br />i a Martin, Cler c <br />Date: 0/01r%t <br />University of Notre Dame <br />By:_ <br />Name: <br />Title: <br />Date: <br />5 <br />