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c/o James A. Masters, Manager <br />211 West Washington <br />Suite 1800 <br />South Bend, Indiana 46601 <br />With a Copy to: James A. Masters <br />Nemeth, Feeney, Masters & Campiti, PC <br />211 West Washington <br />Suite 1800 <br />South Bend, Indiana 46601 <br />12. This Purchase Option Agreement embodies the entire agreement between the <br />parties and cannot be varied except by the written agreement of the parties. No <br />representation, promise, or inducement not included in this Agreement shall be <br />binding upon the parties hereto. <br />13. All the terms and conditions of this Purchase Option Agreement are hereby made <br />binding on the successors and permitted assigns of both parties hereto. <br />14. This Purchase Option Agreement shall be governed by and construed in <br />accordance with the laws of the State of Indiana and venue for any action shall be <br />St. Joseph County, Indiana. <br />15. This Purchase Option Agreement shall not be effective or binding until fully <br />executed by the parties hereto. This Purchase Option Agreement may be <br />executed in counterparts. <br />16. This Purchase Option Agreement will survive closing. <br />17. This Purchase Option Agreement may not be assigned by the Company to any <br />other party without the express written consent of the City, which consent may be <br />withheld for any reason at the sole discretion of the City. <br />18. If any provision of this Purchase Option Agreement is held by a court of <br />competent jurisdiction to be invalid, void or unenforceable, the remainder of the <br />provisions of this Purchase Option Agreement shall remain in full force and effect <br />and shall in no way be affected, impaired or invalidated. <br />19. Each party shall execute and deliver to the other all such other further instruments <br />and documents as may be reasonably necessary to accomplish the actions <br />contemplated by this Purchase Option Agreement and to provide and secure to the <br />other party the full and complete enjoyment of its rights and privileges hereunder. <br />4 <br />