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01-10-13
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1/22/2013 7:23:44 PM
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• 1.14 Section Headings. The section headings of this Agreement are inserted for <br /> reference only and do not affect the meaning of this Agreement. <br /> ' 1.15 Construction. This Agreement shall be construed as if CFA and City of South <br /> Bend,prepared all of its language.jointly, and no ambiguity or uncertainty, which <br /> may be found herein,shall be construed against either CFA or City of South Bend on <br /> the ground that either CFA or City of South Bend drafted or proposed the language <br /> • in question. <br /> 1.16 Counterpart Originals. This Agreement may be executed in any number or <br /> • counterparts, each of which when so executed and delivered shall be deemed an <br /> • original,and all of which counterparts taken together shall constitute one and the <br /> same instrument. <br /> 1.17 Facsimile Signatures. This Agreement and any counterpart original thereof <br /> may be executed and transmitted by facsimile followed by mailing of the original. <br /> The facsimile signature shall be valid and acceptable for all purposes as if it were an <br /> • <br /> original. <br /> 1.18 Force Majeure. Neither party shall be liable for any delays or failures in <br /> performance due to circumstances beyond its reasonable control. <br /> 1.19 On-going Software or Hosting Costs. Code for America will provide an <br /> environment for the South Bend's solution to be developed and tested. It will be the <br />,l responsibility of the City of South Bend to provide an environment for the solution <br /> after the term of this agreement. In addition, in the case where Code for America <br /> uses a software that has associated fees, those fees will be the responsibility of the <br /> City of South Bend after the term of this agreement. <br /> I t <br />
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