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. ~ <br />10.12 In this Agreement, the singular shall include the plural and the plural shall include <br />the singulaz. Any indication of gender of a party in this Agreement shall be modified, as required, <br />to fit the gender of the party in question. The headings used in this Agreement aze solely for <br />convenient reference, are not part of this Agreement, and are not to be considered in construing or <br />interpreting this Agreement. <br />10.12 If in any judicial proceeding a court shall refuse to enforce any of the provisions of <br />this Agreement, any unenforceable provision shall be construed or modified to the extent necessary <br />to make such provision enforceable or, only if such construction or modification is not possible, <br />the unenforceable provision shall be deemed eliminated from this Agreement for the purpose of <br />such proceeding to the extent necessary to pernut the remainder of the Agreement to be enforced in <br />such proceeding. <br />10.13 This Agreement is the entire agreement between the parties pertaining to its subject <br />matter, and it supersedes all prior agreements, representations, and understandings of the parties. <br />There are no agreements, representations or warranties except as set forth in this Agreement. No <br />supplement, modification, or amendment of this Agreement shall be binding unless executed in <br />writing by all the parties. <br />Pence/Kelly Construction, Inc. Marion County <br />By: By:_ <br />Title: Title: <br />Salem Area Mass Transit District <br />By: <br />Title: <br />Security Agreement <br />Page - 8 <br />