Authorizing the Execution and Delivery of a memorandum of intent between the City of South Bend, IN, and Romana R. Primus, M.D.

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2. That a primary inducement to Borrower in locating the Project within the limits of the City of South Bend is the intent of the City to finance the cost of the Project through the issuance of its revenue bonds pursuant to the provisions of the Act. 3. That it is desirable that Borrower rather than-the City arrange for the acquisition and construction of the Project in order to insure that the Project will conform to the requirements of Borrower, for whose use the Project is designed. 4. That this Agreement shall inure to the benefit of the parties hereto and their respective successors and assigns; provided, however, that in the event the bonds are not issued or sold as contem- plated herein, there shall be no liability on the part of the City or of Borrower or of any of their officers or employees for such non -issu- ance or non - delivery. 5. That this Agreement may be executed in separate counter- parts, all of which shall be deemed a single instrument. IN WITNESS WHEREOF, the CITY OF SOUTH BEND, INDIANA, by and through its Common Council, has caused its corporate name to be here- unto subscribed by Roger O. Parent, its duly authorized Mayor, and attested under its official seal by Irene K. Gammon, its City Clerk, and the Borrower has caused its name to be hereunto subscribed, all being done as of the year and date first above written. (Seall Attest: Irene K. Gammon, City Clerk CITY OF SOUTH BEND, INDIANA By: Roger O. Parent, M..yor BORROWER By: Romana R. Primus, M.D.