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evidence in any proceeding, arbitration, or litigation between the parties <br />arising out of or affecting this agreement, or the rights or obligations of any <br />party under it, unless such waiver or modification is in writing, duly <br />executed as above. The parties agree that the provisions of this paragraph <br />may not be waived except by a duly executed writing. <br />Section XI <br />Contract Governed by Law of <br />State of Ohio <br />The parties agree that it is their intention and covenant that this <br />agreement and performance under it and all suits and special proceedings <br />relating to it be construed in accordance with and under and pursuant to the <br />laws of the State of Ohio, and that in any action, special proceeding, or other <br />proceeding that may be brought arising out of, in connection with, or by <br />reason of this agreement, the laws of the State of Ohio shall be applicable and <br />shall govern to the exclusion of the law of any other forum, without regard to <br />the jurisdiction in which any action or special proceeding may be instituted. <br />Section XII <br />Survivorship of Benefits <br />This agreement shall be binding on and inure to the benefit of the <br />respective parties and their executors, administrators, heirs, personal <br />representatives, successors and assigns. <br />CITY OF NORTH OLMSTED <br />By: Thomas E. O'Gra y, Mayor <br />INSTRUCTOR <br />rr4 <br />s Karri Skall Tip n <br />fitness <br />Approved as to Form: <br />0 <br />