Laserfiche WebLink
Memorandum of Agreement <br /> Page 5 of 7 <br /> have been received when delivered by hand or by facsimile (with confirmation by <br /> registered or certified mail) or on the third business day following the mailing, by <br /> registered or certified mail, postage prepaid, return receipt requested, thereof, addressed <br /> as set forth below: <br /> If to Applicant: Real America Development LLC <br /> 10711 America Way, Suite 200 <br /> Fishers IN 46038 <br /> i <br /> i <br /> If to the City: City of South Bend, Indiana <br /> 27 W Jefferson Blvd. Suite 1400S <br /> South Bend,Indiana 46601 <br /> Attn: Brock Zeeb <br /> De artment of Community Investment <br /> 14. Assignment and Transfer Prohibited: This Agreement shall be binding <br /> upon and inure to the benefit of the City and the Applicant and their successors and <br /> assigns, except that no party may assign or transfer its rights or obligations under this <br /> Agreement without the prior written consent of the other party hereto, in which consent <br /> shall not be unreasonably be withheld (provided no consent shall be required for an <br /> assignment to an affiliate that is owned or controlled by such party). <br /> — 15:--Valid-and-Binding Agreement:T-his Agreement may-be-executed in any <br /> number of counterparts, each of which shall be deemed to be an original as against any <br /> party whose signature appears thereon, and all of which shall together constitute one and <br /> the same instrument. By executing this Agreement, each person so executing affirms that <br /> he has been duly authorized to execute this Agreement on behalf of such party and that <br /> this Agreement constitutes a valid and binding obligation of the party. <br /> 16. Severability: The provisions of this Agreement and of each section or <br /> other subdivision herein are independent of and separable from each other, and no <br /> provision shall be affected or rendered invalid or unenforceable by virtue of the fact that <br /> for any reason any other or others of them may be invalid or unenforceable in whole or in <br /> part unless this Agreement is rendered totally unenforceable thereby. <br /> 17. No Personal Liability: No official, director, officer, employee or agent of <br /> the City shall be charged personally by the Applicant, its employees or agents with any <br />