09-08-2016
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09-08-2016
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<br />Page 14 of 15 <br />D. Aon understands a breach under this section may result in irreparable damage for <br />which no adequate remedy may be available. Accordingly, injunctive relief and <br />other equitable relief are remedies available to the Diversion Authority. <br /> 26. MODIFICATION. This Agreement contains the entire understanding of the parties. It may not be changed orally, but only upon an agreement in writing approved by the <br />Diversion Authority and signed by the Chair of the Diversion Authority. It may be <br />modified as to terms and conditions from time to time upon the mutual consent of the <br />parties; however, such modification shall be reduced to writing, signed by the parties and the document appended to and made a part of this Agreement. In the event the Diversion Authority either appoints or engages Aon as its Broker of Record or in another similar <br />relationship, the parties shall enter into a separate service agreement. <br /> <br />27. WAIVER. A party’s waiver of enforcement of any of this Agreement’s terms or conditions will be effective only if it is in writing. A party’s specific waiver will not constitute a waiver by that party of any earlier, concurrent, or later breach or default. <br /> <br />28. BINDING EFFECT. This Agreement shall be binding upon and inure to the benefit of <br />the Diversion Authority, its successors and assigns, and any such successor shall be deemed substituted for the Diversion Authority under the terms of this Agreement. This Agreement shall likewise be binding upon Aon, its successors and assigns. As used in <br />this Agreement, the term “successor” shall include any person, firm, corporation or other <br />business entity which at any time whether by merger, purchase or otherwise acquires all <br />or substantially all of the assets or business of the corporation. 29. NEGOTIATED AGREEMENT. This Agreement has been arrived at through negotiation <br />between the parties. <br /> <br />30. SEVERABILITY. If any court of competent jurisdiction declares any provision or part of this Agreement to be invalid or unenforceable, all remaining terms and provisions of this Agreement will remain binding and enforceable. <br /> <br />31. CONTROLLING LAW AND VENUE. This Agreement shall be controlled by the laws <br />of the State of North Dakota, and any action brought as a result of any claim, demand or cause of action arising under the terms of this Agreement shall be brought in an appropriate venue in the State of North Dakota. Each party agrees to waive its right to a <br />trial by jury in any lawsuit or other legal proceeding against the other party and/or its <br />parent(s), affiliates, or subsidiaries, in connection with, arising out of or relating to this <br />proposal or any services provided to the Diversion Authority by Aon or its affiliates. In <br />any such action or legal proceeding, neither party shall name, as a defendant any individual employee, officer or director of the other party or its parent(s), affiliates or <br />subsidiaries. <br /> <br /> This Agreement is executed the day and year above noted. <br />
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