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liability or obligations hereunder. The City may not assign is interest in this Agreement to any
<br /> other person or entity without obtaining the prior approval of the Company.
<br /> Section 8.7. Governing Law. It is the intention of the parties hereto that this
<br /> Agreement and the rights and obligations of the parties hereunder shall be governed by and
<br /> construed and enforced in accordance with,the laws of Indiana.
<br /> Section 8.8. Unavoidable Delay. In the event that the Company shall be delayed,
<br /> hindered in or prevented from the performance of any act required under this Agreement by reason
<br /> of strikes, lock-outs, labor troubles, inability to procure materials which could not have been
<br /> reasonably anticipated and avoided by the Company, failure of power to the Project for reason
<br /> other than acts of the Company or any person or party acting by,through or under the Company,
<br /> restrictive governmental laws or regulations, act of God, fire, earthquake, flood, explosion,
<br /> terrorism, action of the elements, war (declared or undeclared), police action, invasion,
<br /> insurrection, riot, mob violence, sabotage, health pandemic or epidemic, the act, failure to act or
<br /> default of the City, or other causes beyond the Company's reasonable control(other than financial
<br /> reasons), then performance of such act shall be extended for a period necessitated by such delay.
<br /> Section 8.9. Addresses for Notice and Demands. All notices, demands,
<br /> certificates or other communications hereunder shall be sufficiently given when received or your
<br /> first refusal thereof and mailed by certified mail,postage prepaid, or sent by nationally recognized
<br /> overnight courier and addressed to the appropriate Notice Address (provided, however, notices,
<br /> demands,certificates or other communications to the Trustee shall be effective upon receipt by the
<br /> Trustee). The City, the Company and the Trustee may, by written notice given by each to the
<br /> others, designate any address or addresses to which notices, demands, certificates or other
<br /> communications to them shall be sent when required as contemplated by this Agreement.
<br /> All notices, approvals, consents, requests and any communications to the Trustee
<br /> hereunder must be in writing in English and must be in the form of a document that is signed
<br /> manually or by way of an electronic signature (including electronic images of handwritten
<br /> signatures and digital signatures provided by DocuSign,Orbit,Adobe Sign or any other electronic
<br /> signature provider acceptable to the Trustee). Electronic signatures believed by the Trustee to
<br /> comply with the ESIGN ACT of 2000 or other applicable law shall be deemed original signatures
<br /> for all purposes. If the City or the Company chooses to use electronic signatures to sign documents
<br /> delivered to the Trustee,the City or the Company, as applicable,agrees to assume all risks arising
<br /> out of its use of electronic signatures, including without limitation the risk of the Trustee acting on
<br /> an unauthorized document and the risk of interception or misuse by third parties.Notwithstanding
<br /> the foregoing, the Trustee may in any instance and in its sole discretion require that an original
<br /> document bearing a manual signature be delivered to the Trustee in lieu of, or in addition to, any
<br /> document signed via electronic signature.
<br /> Section 8.10. Counterparts. This Agreement is being executed in any number of
<br /> counterparts, each of which is an original and all of which are identical. Each counterpart of this
<br /> Agreement is to be deemed an original hereof and all counterparts collectively are to be deemed
<br /> but one instrument.
<br /> (End of Article VIII)
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