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I" <br />A"k of any waiver or modification shall be offered or received in evidence in any <br />proceeding, arbitration, or litigation between the parties arising out of or affecting <br />this agreement, or the rights or obligations of any party under it, unless such <br />waiver or modification is in writing, duly executed as above. The parties agree <br />that the provisions of this paragraph may not be waived except by a duly executed <br />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 agreement <br />and perFormance under it and all suits and special proceedings relating to it be <br />construed in accordance with and under and pursuant to the laws of the State of <br />Ohio, and that in any action, special proceeding, or other proceeding that may be <br />brought arising out of, in connection with, or by reason of this agreement, the <br />laws of the State of Ohio shall be applicable and shall govern to the exclusion of <br />the law of any other forum, without regard to the jurisdiction in which any action <br />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 NDRTH OLMSTED <br />Witness <br />Witness <br />Witness <br />Witness <br />Approved as to Form: <br />By: Norman T. Musial, Mayor <br />INSTRUCTOR <br />Karrie Skall Tipton <br />James M. Dubelko, Director of Law <br />8 <br />. e??