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successors and assigns; provided, however, that in the <br />event the bonds are not issued or sold as contemplated <br />herein, there shall be no liability on the part of the <br />City or of the Developer or of any of their officers <br />or employees for such non - issuance or non - delivery. <br />5. That this Agreement may be executed in <br />separate counterparts, all of which shall be deemed a <br />single instrument. <br />IN WITNESS WHEREOF, the City of South Bend, Indiana, <br />by and through its Common Council, has caused its corporate name <br />to be hereunto subscribed by Roger Parent, its duly authorized <br />Mayor, and attested under its official seal by Irene Gammon, <br />its City Clerk, and Claeys Realty, an Indiana partnership, the <br />Developer, has caused its name to be hereunto subscribed, and <br />all being done as of the year and date first above written. <br />ATTEST: <br />Irene Gammon, City Clerk <br />CITY OF SOUTH BEND, INDIANA, <br />By: <br />Roger Parent, Mayor <br />CLAEYS REALTY, an Indiana <br />Partnership, <br />By: <br />-5- <br />