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TO THE CITY: <br />City of Lakewood <br />Attention: Mayor Meghan F. George <br />12650 Detroit Ave <br />Lakewood, Ohio 44107 <br />And <br />City of Lakewood <br />Attention: Director of Law <br />12650 Detroit Ave <br />Lakewood, Ohio 44107 <br />9. EFFECT OF ELECTRONIC SIGNATURE <br />By entering into this Agreement, the parties agree that this transaction may be conducted by electronic means, <br />including, without limitation, that all documents requiring signatures by the parties may be executed by electronic <br />means, and that the electronic signatures affixed by the authorized representatives of the parties shall have the <br />same legal effect as if the signatures were manually affixed to a paper version of the documents. The parties also <br />agree to be bound by the provisions of Chapter 1306 of the Ohio Revised Code as it pertains to electronic <br />transactions. <br />10. APPLICABLE LAW AND VENUE <br />Any and all matters of dispute between the Parties to this Agreement whether arising from the Agreement itself <br />or arising from alleged extra contractual facts prior to, during, or subsequent to the Agreement, including without <br />limitation, fraud, misrepresentation, negligence, or any other alleged tort or violation of the Agreement, will be <br />governed by, construed, and enforced in accordance with the Laws of the State of Ohio, without regard to the <br />conflict of laws or the legal theory upon which such matter is asserted. <br />11. SEVERABILITY. <br />If any provision hereof shall be determined to be invalid or unenforceable, such determination shall not affect the <br />validity of the other provisions of this Agreement. Moreover, any provisions that should survive the expiration or <br />termination will survive the expiration or termination of this Agreement. <br />12. AMENDMENT <br />This Agreement shall not be modified except by the express written consent by both parties hereto. <br />13. WAIVER. <br />Waiver by either party or the failure by either party to claim a breach of any provision of this Agreement shall not <br />be deemed to constitute a waiver or estoppel with respect to any subsequent breach of any provision hereof. <br />14. FORCE MAJEURE. <br />Neither party shall be liable for any delay or failure to perform any duty or obligation it may have pursuant to this <br />Agreement where such delay or failure has been occasioned by any act of God, fire, strike, inevitable accident, <br />war or any cause outside the party's reasonable control. <br />15. COUNTERPARTS <br />Page 4 of 7 <br />