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10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, remedy, <br /> power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial <br /> exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of <br /> any other right,remedy, power or privilege with respect to any occurrence or be construed as a waiver of <br /> such right, remedy,power or privilege with respect to any other occurrence. No waiver shall be effective <br /> unless it is in writing and is signed by the party asserted to have granted such waiver. <br /> 11. Governing Laws of Indiana. This Agreement and all questions relating to its validity, <br /> interpretation,performance,and enforcement shall be governed by the laws and decisions of the courts of <br /> the State of Indiana. <br /> 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction <br /> of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior Court in connection <br /> with any action or proceeding arising out of or relating to this Agreement or any documents or instrument <br /> delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall <br /> be brought in such County and in such Court. <br /> 13. Notices. All notices, requests, demands, and other communications required or permitted under <br /> this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or <br /> by facsimile (with confirmation by registered or certified mail) or on the third business day following the <br /> mailing, by registered or certified mail,postage prepaid,return receipt requested,thereof, addressed as set <br /> forth below: <br /> If to Applicant: Franklin Street Technology Park,LLC <br /> 814 Marietta Street <br /> South Bend,IN 46601 <br /> Attn: Charles Hayes <br /> If to the City: City of South Bend,Indiana <br /> 27 West Jefferson Blvd. Suite 1400S <br /> South Bend,Indiana 46601 <br /> Attn: Daniel Buckenmeyer,Department of <br /> lCommunity Investment <br /> 14. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit <br /> of the City and the Applicant and their successors and assigns, except that no party may assign or transfer <br /> its rights or obligations under this Agreement without the prior written consent of the other party hereto,in <br /> which consent shall not be unreasonably withheld. <br />