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In case of NOPEC, to: Charles W. Keiper, II President NOPEC, Inc. 31360 Solon Road Suite 33 Solon, OH 44139 In case of Grantee,to: $on?d C. Wynn, Financ Director Fisca fficer (or otPher position15 6622 4ii l cnn Mi l l e.-RA Ma3zf;a1d v;iiagP, OH 44143 , Oh10 (e) Amendments or Modifications. Either party may at any time during the term of this Agreement request amendments or modifications. Requests for amendment or modification of this Agreement shall be in writing and shall specify the requested changes and justification therefor. The Parties shall review the request for modification in terms of the Project and NOPEC Policy. Should the Parties consent to modification of the Agreement, then an amendment shall be drawn, approved, and executed in the same manner as the original Agreement. (fl Headings. Section headings contained in this Agreement are inserted for convenience only and shall not be deemed to be a part of this Agreement. (g) Assignment. Neither this Agreement nor any rights, duties or obligations described herein, shall be assigned or subcontracted by Grantee without the prior express written consent of NOPEC. (h) Authority. The undersigned represents and warrants to the other that each has all the necessary legal power and authority to enter into this Agreement. Grantee further represents and warrants to NOPEC that it has received al] necessary approvals from Grantee's legislative authority for Grantee to accept the NEC Grant and enter into this Agreement. (i) Determinations by NOPEC Final. All determinations as to eligibility of any project for an award of any NEC Grant, and the amount and payment schedule of a NEC Grant, will be made by NOPEC and its Committee, which shall be final, conclusive and binding upon Grantee. (j) Designation of Grantee Representative. Grantee hereby designates its [Fiscal Officer] to take all actions with respect to the NEC Grant and this Agreement as may be required and NOPEC shall be entitled to rely on the authority of such designated representative of Grantee in connection with this Agreement. ]2166975v3