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embargo, emergency or governmental orders, regulations, priority, or other limitations or <br />restrictions, or other similar unforeseen causes beyond the reasonable control of such <br />party, the failure or delay shall not constitute a breach or Event of Default under this <br />Agreement; however, the Commission shall use its best effort to insure that the <br />Remediation Work is completed in a reasonable time without unnecessary delay. <br />17.6. The provisions of this Agreement shall inure to the benefit of and be <br />binding upon the parties hereto and their respective successors and assigns. <br />17.7. No failure of either party to exercise any power or right given it hereunder <br />or to insist on strict compliance by the other party with its obligations hereunder, and so <br />custom of practice of the parties at variance with the terms hereof shall constitute a <br />waiver of the other party's right to demand at any time exact compliance with the terms <br />hereof. <br />17.8. Any notice, consent, waiver, request or other communications required or <br />permitted to be given under this Agreement shall be in writing and shall be deemed given <br />(a) on the same day if delivered personally, (b) 3 business days after mailed if delivered <br />by certified or registered mail, return receipt requested, postage prepaid, (c) one (1) <br />business day after dispatched if dispatched by nationally recognized overnight delivery <br />service, or (d) on the same day if sent by telecopier (subject to obtaining a confirmation <br />receipt), in any event, address to the party's address as follows: <br />TO THE CITY: City of South Bend <br />Board of Public Works <br />227 West Jefferson Blvd. <br />1300 County City Building <br />South Bend, IN 46601 <br />Attention: Gary Gilot (or successor) <br />Director of Public Works <br />Telecopier Number: 574-235-9171 <br />TO THE COMMISSION: South Bend Redevelopment Commission <br />227 West Jefferson Blvd. <br />120 County City Building <br />South Bend, IN 46601 <br />Attention: Ann Kolata (or successor) <br />Senior Redevelopment Specialist <br />Telecopier Number: (574) 235-9021 <br />With copies to: City Attorney <br />227 West Jefferson Blvd. <br />1400 County City Building <br />South Bend, IN 46601 <br />Either party may, upon prior notice of 10 calendar days given as set forth above, <br />change its address for all subsequent notices. <br />14 <br />