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2. That a primary inducement to Notre Dame Credit <br />Union in locating the Project within the limits of St. Joseph <br />County is the intent of the City to finance the cost of the <br />Project through the issuance of its revenue bonds pursuant to <br />the provisions of the Act. <br />3. That it is desirable that Notre Dame Credit Union <br />rather than the City arrange for the acquisition and con- <br />struction of the Project in order to insure that the Project <br />will conform to the requirements of Notre Dame Credit Union, <br />for whose use the Project is designed. <br />4. That this Agreement shall inure to the benefit of <br />the parties hereto and their respective successors and as- <br />signs; provided, however, that in the event the bonds are not <br />issued or sold as contemplated herein, there shall be no <br />liability on the part of the City or of Notre Dame Credit <br />Union or of any of their officers or employees for such <br />non - issuance or non - delivery. <br />5. That this Agreement may be executed in separate <br />counterparts, all of which shall be deemed a single instru- <br />ment. <br />IN WITNESS WHEREOF, the CITY OF SOUTH BEND, INDIANA, by and <br />through its Common Council, has caused its corporate name to be <br />hereunto subscribed by Roger 0. Parent, its duly authorized mayor, <br />and attested under its official seal by Irene K. Gammon, its City <br />- 5 - <br />