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Services under this Agreement,
<br />ree - The Fli°uvider hereby agrees to inake a good faith e�ffi)rt to
<br />jq1!qce,.
<br />provide and maintain a drug -free workplace,,
<br />'The Provider will give writ -ten notice to the City
<br />%Vithin ten (10) days after receiving acaial otice that the Provkler (,.)r art ernployee of the PWiAder
<br />within the State of Indiana ha,,, been coriv,icted of at criminal drug violation oectirfirig in the
<br />'A'014arj)kAC'el
<br />19. Force �LLqjgjtLe- The f1rovider shall riot be rtnponsible for any Iailure otdelay in the
<br />performance ol'ariy �.,6figation hereutider, if such faihn•e or delay is due to as CaUse beyond the
<br />Provkl,er's reasonable control,, including,'but not firniwd to acts of'God or nature, war or terrorism,,
<br />or the government,
<br />20,, Severab LhV, Afl provisions ofthis Agreement shall be considered asseparate terins
<br />and conditicms, arid in the event any on!e s1lad, he held i I fegap, invalid or unentbreeable, all the other
<br />provisions hereot'shall remain, in flull Force and effect as if the illegal, imialid, or unenlfi.rrceable
<br />pj.()Vrjsion were not as part hereof. unless, tfie provision held iflegal, invalid or urienfilsrecable is a
<br />material provision ofthis Agreement, in which case the Provider and the City agree to amend this
<br />Agreement with replacement provisions containing rnutuall'y acceptable temis and clonditions. In
<br />such, case,, the atTected provision or seclion shall be enfiarced as so limited,
<br />21. Entire AlLi kcabie Law. "I"his Agreenen it sets fonh the
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<br />entire agreernent and understanding between the parties as to the subject matter herrof, and rneq!,es
<br />and supersedes aril prior discussions, agreernients, and understandings of any and were nature
<br />between theni, "I'his Agreement may be 'CIrmendied only, by separate Nm-ifing,, signed by afflhiorizeid
<br />R"presenuitives of both, the Provider ,and the City. This Agreetnent will be construed and
<br />hit erpreted according to the Laws ofthe State ofinditina
<br />solution. In the event of any dispute between the Parties arising from
<br />this Agreement or the Services, provided hereunder, each Party, shall, prior 1A) seeking Judicial
<br />resolution of such dispute, escalate the dispute to as senior representative of'such I'larty, and such
<br />senior representatives shall US& good flaith effloills, to resolve the diSpUle between them, If such
<br />senioir representatives ttrC Unable to resoh(c the dispule, such dispute shall then be decided by
<br />mediation pursuant to prcwedaresjoiraly agreed upon by the Cilly and Provider. Provider and [lie
<br />(",",'ity shall make good faith efftnts to resolve any and all dispules as quickly ,,,,is possible. Judicial
<br />resolution ofany disptites shall be in the courts located in St. Joseph County,. Indiana.
<br />23, WaJv.e1r. No fitilure (,,)n the part of either Party tug exercise, and no delay in exercising,
<br />any right, pover or privilege hereunder operates as as waiver thereof. nor d(,.)e!s any single or pastial
<br />exercise ofany right„ po%,er or privilege hcrt,ajnder preclUde any other or fatilier axerclse thiereof,
<br />orthe xercise of any other right, power or privilege,
<br />2a This Agreement ma be executed �n counterparts, each of which
<br />tl. 'Y
<br />taker), to,.szether slia,11 consfitute one single agruse n,ient between the Parties,
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