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11. Miscellaneous Provisions. The following general terms are made a part of this Use Agreement: A. This Use Agreement shall bind, and inure to the benefit of, the Parties and their heirs, personal and legal representatives, and successors and assigns. B. This Use Agreement shall be interpreted by the laws of the State of Indiana and any venue for any action related to this Use Agreement shall be in the St. Joseph County, Indiana Courts. C, In the event of any Parties' failure to perform or observe any of the covenants, terms or conditions in this Use Agreement, the defaulting Party shall pay the other Parties' attorney fees, costs and expenses, including expenses of preparing any notice of delinquency request for performance, whether or not any legal action is instituted, including by reason of enforcing the non - defaulting Parties' rights hereunder. D. Any Parties' failure to enforce any of its rights or remedies upon the other Parties' breach of any of the covenants, terms or conditions of this Use Agreement shall not be deemed a waiver of those rights or remedies, not shall its failure bar or abridge any of its rights or remedies upon any subsequent default. E. If any covenant, term or condition of this Use Agreement is held invalid or unenforceable by a court, the remaining covenants, terms or conditions shall not be affected by such an occurrence. Each covenant, term and condition of this Use Agreement shall be given effect and enforced against the breaching Party to the fullest extent permitted by law. P. This Use Agreement constitutes the entire Use Agreement between the Parties and may not be modified except in writing; signed by both Parties. Any prior understanding or representation of any kind preceding the date of this Use Agreement shall not be binding on either Party except to the extent incorporated in this Use Agreement. G. The undersigned persons executing and delivering this Use Agreement on behalf of each Party represent and certify they are duly authorized with authority to execute this Use Agreement; they have the full legal right, power and authority to enter into this Use Agreement and to grant the rights and perform the obligations contained herein: to the extent any third party consent or approval is required to grant such rights or perform such obligations hereunder those third party consents or approvals will be obtained, but each Party may rely on this Use Agreement as a valid and binding obligation, enforceable in accordance with its terms.