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b. Waiver. A waiver by any party of any breach or default by the other party under this Agreement <br />shall not constitute a continuing waiver by such party of any subsequent act in breach of or in <br />default hereunder. <br />c. Successors and Assgms. Neither this Agreement nor any rights, duties, or obligations hereunder <br />may be assigned ortransferred in whole or In part by Grantee, without the pdorwritten consent <br />of ODNR. <br />d. Conflict with Exhibits. In the event of any conflict between the terms and provisions of the body <br />of this Agreement and any exhibit hereto, the terms and provisions of the body of this Agreement <br />shall control. <br />e. Headimis. The headings in this Agreement have been inserted for convenient reference only and <br />shall not be considered in any questions of interpretation or construction of this Agreement. <br />f. Severability. The provisions of this Agreement are severable and independent, and it any such <br />provision shall be determined to be unenforceable In whole or in part, the remaining provisions <br />and any partially-enforceable provision shall, to the extent enforceable in any jurisdiction, <br />nevertheless be binding and enforceable. <br />g. Entire Agreement. This Agreement contains the entire agreement between the parties hereto and <br />shall not be modified, amended, or supplemented, or any rights herein waived, unless specifically <br />agreed upon in writing by the parties hereto. This Agreement supersedes any and all previous <br />agreements, whether written or oral, between the parties. <br />h. Execution. This Agreement is not binding upon ODNR unless executed in full and is effective as of <br />the last date of signature by ODNR. <br />I. Counterparts. This Agreement may be executed in any number of counterparts, each of which <br />shall be deemed an original, and all of which shall constitute but one and the same instrument. <br />j. Electronic Signatures. Any party hereto may deliver a copy of its counterpart signature page to <br />this Agreement electronically pursuant to R.C. Chap. 1306. Each party hereto shall be entitled to <br />rely upon an electronic signature of any other parry delivered in such a manner as if such signature <br />were an original. <br />Capital Improvement Page A-21 ODNR Legal <br />project Guide Rev. Aug. 16, 2022 <br />