Sidewalk Construction Agreement - Pokagon Band of Potawatomi Indians

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(d) Any public sidewalk installed on the Property by the Band shall be substantially in conformance to the Revised Site Plan, provided that where changed conditions warrant or necessitate further changes to the Revised Site Plan, any such changes shall be subject to the review and approval of the City, 4. Reporting Requirements. If the City believes that all of the conditions precedent to the Band's obligation to install a public sidewalk on the Property under this Agreement have been fulfilled, it shall provide written notice of such to the Band. 5. Dispute Resolution. The Band and the City shall use their best efforts to amicably and diligently resolve every controversy, question, claim, or dispute between them that arises out of this Agreement. In the event that the parties cannot fully resolve the dispute, the parties agree to use non -binding mediation by a mutually acceptable mediator to resolve the dispute. 6. Governing Law. This Agreement shall be deemed entered into in Indiana and shall be subject to the internal laws of the State of Indiana and any applicable federal law. Legal Costs. The parties agree and stipulate that each party shall bear its own costs, expenses and attorneys' fees in relation to this Agreement. 8. Miscellaneous Provisions. (a) Notice. Any notice required to be given pursuant to this Agreement shall be delivered to the appropriate party by Certified Mail Return Receipt Requested, or by overnight mail or courier service, to the following addresses: If to the Band: Polcagon Band of Potawatomi Indians 58620 Sink Road Dowagiac, MI 49047 Attn: Tribal Council Chairperson with a copy to: Polcagon Band of Potawatomi Indians 58620 Sink Road Dowagiac, MI 49047 Attn: Office of General Counsel If to the City: Page 3 of 6