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the remaining provisions shall be deemed to be severable and their enforceability shall l'lot be. a ffeeted or impaired in any way by reason of such law or holding. . (g) All nouces under this Agteement shall be in writing and shall be given by either party to the other by certified or registered mail (return r~ceipt. requested), overnight delivery or hand delivery to the other party, addressed to the parries' addresses !\et forth on p/lge one (11) This Agreement shall be dee~ed to have been executed and delivered in Troy, Michigan, find shall be construed, interpreted a~d euforced under and in accorda.nce with the internal l:lwS of the State of Michigan. Contractor agrees to exercise any right or remedy in conncedon with this Agreement exdusivdy in, and hereby ~ubmits to the jurisdiction of, the courtS of Oakland County, Michigan, and the United States District Court fat the Eastern District of Michigan. Contr~ctor waives any claim that such forum is inconvenient (i) Each person signing on behRlf of Kroart a.nd Ccnln-etat wuunts and represents that 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 affililltes filed a petltion for reorganization (thE: P'Bky Accion ") in the U.S. Bankruptcy Court fOI the Northern District of Illinois under Chapter 11 of Title 11 of the U,S. Code, 11 U.S.C See 101 et s~Cj' (the "Code "), This Agreeme\H is not intended, nor shall it be construed, as an assumption of Kmart's lease (if lel1sed) of the Kmut Premises in the Bky Action, under the Code or otherwise, Contractor llcknowledges and agrees that Kmart reserves all rights, in its sole and unfettered discretlon, under the Code or otherwise, to assume, reiect or terminate Kmart's lease or lIny other agreement or conuact related to or involving the Kmat! Premises, Contractor agrees not to raise any objection if Kmart elects to reject Krout'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 tl1l5 Agreement. IN WITNESS WHEREOF, the parties bereto ha\,e executed this Agreement as of the day :ll1d year written above, WITNESSED: ~ f/1Ze /AJ()!Zt-5 L;; ,J5vc. ~J~IP~. a J11tC4 Its~ KMART CORPORATION. By' ~i/l L O?;I~/O) Its: ';J1-U"'L- J/'-vv~ 9 - --- - -- -- --------.----- ---