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set forth in full, and the Owner certifies that it is in compliance with each such provision and shall <br />remain in compliance through the term of this Agreement, <br />9. l ru pree work lace. The Owner hereby agrees to make a good faith effort <br />to provide and maintain a drug -free workplace, The Owner will give written notice to the City <br />within ten (10) days after receiving actual notice that the Owner or an employee of the Owner <br />within the State of Indiana has been convicted of a criminal drug violation occurring in the <br />workplace. <br />10. Non- -_-',ollusion. The Owner attests, subject to the penalties for perjury, that <br />it is the Owner, that it has not, directly or indirectly, to the best of its knowledge after due inquiry, <br />entered into or offered to enter into any combination, collusion or agreement to receive or pay, and <br />that it has not received or paid, any sum of money or other consideration for the execution of this <br />Agreement other than that which appears upon the face of this Agreement. <br />11. Waiver. No failure or delay on the part of either Party in exercising any right <br />under this Agreement will operate as a waiver of, or impair, any such right. No single or partial <br />exercise of any such right will preclude any other or further exercise thereofor the exercise of any <br />other right. No waiver of any such right will have effect unless given in a written document signed <br />by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right <br />hereunder. <br />12. Severabilit In the event any portion of this Agreement shall be held illegal, <br />void, or ineffective, the remaining portions hereof shall remain in full force and effect. if any of <br />the terms or conditions of this Agreement are in conflict with any applicable statute or rule of law, <br />then such terms and conditions shall be deemed inoperative to the extent that they may conflict <br />therewith and shall be deemed to be modified to conform to such law. <br />13. Einfitirrg_A ment. This Agreement sets forth the entire agreement and <br />understanding between the Parties as to the subject matter hereof, and merges and supersedes all <br />prior discussions, agreements, and understandings of any and every nature between them, This <br />Agreement may be amended only by separate writing, signed by authorized representatives of both <br />the Owner and the City. <br />14. Governin Law and Jurisdiction. This Agreement will be construed and <br />interpreted according to the laws of the State of Indiana and any controversy arising herefrom shall <br />be heard in a court of competent jurisdiction in St. Joseph County, Indiana, <br />Signature Page Follows <br />