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9. This Agreement embodies the entire agreement between the parties and cannot be <br />varied except by the written agreement of the parties. No representation, promise, or inducement <br />not included in this Agreement shall be binding upon the parties hereto. <br />10. Time is of the essence of this Agreement. <br />11. Any notices, requests, or other communications required or permitted to be given <br />hereunder shall be in writing and shall be either (i) delivered by hand, (ii) mailed by United <br />States registered mail, return receipt requested, postage prepaid, (iii) sent by a reputable, national <br />overnight delivery services (ie: Federal Express), or (iv) sent by facsimile (with the original <br />being sent by one of the other permitted means or by regular United States mail) and addressed <br />to each party at the applicable address set forth herein. Any such notice, request, or other <br />communication shall be considered given or delivered, as the case may be, on the date of hand <br />delivery (if delivered by hand), on the third (3rd) day following deposit in the United States mail <br />(if sent by United States registered mail), on the next business day following deposit with an <br />overnight delivery service with instructions to deliver on the next day or on the next business day <br />(if sent by overnight delivery service), or on the day sent by facsimile (if sent by facsimile, <br />provided the original is sent by one of the other permitted means as provided in this paragraph or <br />by regular United States mail). <br />Company: <br />Manette Tepe <br />Oliver Plow Partners, LP <br />227 S. Main St., Ste 200 <br />South Bend, Indiana 46601 <br />Commission: <br />Donald E. Inks, Director <br />Department of Redevelopment <br />City of South Bend, Indiana <br />1200 City- County Building <br />227 W. Jefferson Boulevard <br />South Bend, IN 46601 -1830 <br />