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-55- substantially as set forth in Article Second B. hereof is not duly adopted by the Congress of the United States and approved by the President within thirty (30) days after the close of the 101st Congress, this Memorandum of Understanding shall thereafter be terminable at any time on sixty days' written notice by either party to the other. [[underlined]]Twelfth[[/underlined]]. A. This Memorandum of Understanding shall be governed by and construed in accordance with the laws of the State of New York to the extent permitted under the Constitution and laws of the United States and under the jurisdiction of the United States District court for the Southern District of New York. B. This Memorandum of Understanding may be executed in two counterparts each of which shall be deemed the original if the other is not produced. C. The Heye Foundation may assign its rights to enforce this Memorandum of Understanding to the Attorney General of the State of New York. Otherwise, this Memorandum of Understanding is not assignable. In witness whereof, the Museum of the American Indian, Heye Foundation, pursuant to a resolution duly adopted by its Board of Trustees, has caused this Memorandum to be signed and its official seal to be hereunto affixed by its Chairman and the Smithsonian Institution, pursuant to a resolution duly adopted by its Board of Regents, has caused -15-