6B(8) Contract for Sale of Land with Oliver Park Partners

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With copy to: With copy to: Charles Leone, Esq. City Attorney City of South Bend, Indiana 1400 City- County Building 227 W. Jefferson Boulevard South Bend, IN 46601 -1830 12. All the terms and conditions of this Agreement are hereby made binding on the successors and permitted assigns of both parties hereto. 13. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana and venue for any action shall be St. Joseph County, Indiana. 14. This Agreement shall not be effective or binding until fully executed by all the parties. 15. This Agreement will survive closing, including but not limited to, the provisions of paragraph 6(b), (c), and (d). 16. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated. 17. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to accomplish the actions contemplated by this Agreement and to provide and secure to the other party the full and complete enjoyment of its rights and privileges hereunder. 18. This Agreement was negotiated by the parties at arm's length and each of the parties hereto has reviewed the agreement after the opportunity to consult with independent counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. 19. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 20. The undersigned persons executing and delivering this Agreement on behalf of each of the parties respectively represent and certify that they are the duly authorized officers of each and have been fully empowered to execute and deliver this Agreement and that all necessary corporate action has been taken and done. The undersigned persons executing and delivering this Agreement on behalf of the Company represent and certify that (i) they are the officers of the Company duly authorized by a resolution of the Members to purchase the Property and enter into this Agreement and (ii) that such action is consistent with the Company's 0