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.-:~~ :.;.- (g) ,. .A11:l1otices under this Agreement shall be in writing and shall be given by either party to the ofuerbytcerti.6ed or registered mail (return receipt requested), overnight delivery or hand delivery to the other party, addressed to the parties' addresses set forth on page one. (h) This Agreement shall be deemed to have been executed and delivered in Troy, .Nlichigan, and shall be construed, interpreted and enforced under and in accordance with the internal laws of the State of Michigan. Contractor agrees to exercise any right or remedy in connection with this Agreement exclusively in, and hereby submits to the jurisdiction of, the courts of Oakland County, Michigan, and the United States District Court for the Eastern District of Michigan. Contractor waives any claim that such forum is inconvenient. -~\ ~ " (i) Each person signing on behalf of Kmart and Contractor warrants and represents th::-t he or she has full power and authority to execute this Agreement on behalf of such party. 12. Bankruptcy Provision. On January 22,2002, Kmart and its affiliates filed a petition for reorganization (the "Bky Action') in the U.S. Bankruptcy Court for the Northern District of Illinois under Chapter 11 of Title 11 of the U.S. Code, 11 U.S.c. Sec. 101 et seq. (the "Code '). This Agreement is not intended, nor shall it be construed, as an assumption of Kmart's lease (if leased) of the Kmart Premises in the Bky Action, under the Code or otherwise.. Contractor acknowledges and agrees that Kmart reserves all rights, in its sole and unfettered discretion, under the Code or otherwise, to assume, reject or terminate Kmart's lease or any other agreement or contract related to or involving the Kmart Premises. Contractor agrees not to raise any objection if Kmart elects to reject IZmart's lease, and waives any right or option so to do available under the Code or otherwise. This Section 12 shall survive the expiration, termination or revocation of this Agreement. WITNESSED: Contractor: IN WITNESS WHEREOF, the parties hereto have execu and year written above. ~ ~~ ~.' .'. /; ~. / /:/'-""...........-"--------.-------. _/ /_-/:'VL.-______ ~.c1- '1 ... ."! ! ,.) -:2 /1 { n r (~(~, (T ,--.:,...--..... c-'....t.I'--" ,t:"t;- r7~ .>/i i-'tPlJ By: ./IJ MY COMMISSION # 00 035575 EXPIRES: ~ Z7, 2005 TbRJ BUdget Servicoo Its: ~""y "" . cI' ...... '\. JOHN A BARNETT, OJ It * ~ COMMISSION # 00 035575 EXPIRES: July Z7, Illldget , ry !ceo ...i2Scol--{ KMART CORPORATION* ''') J ..". 7 D/ l?""' 0/ By: Its: -'S--fc,,^:.- /i.A'\.;,/( . fi .()t Shw?,) *Store Afanager: Please make sure that Exhibit A is attached and that, yOU have crosshatched and labeled the Promotional Area. 9