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12. Modification of MOU. Any modification of this MOU or additional obligation assumed by either Party in connection with this MOU shall be binding only if evidenced in a writing signed by each Party hereto. 13. No Waiver. Failure of either Party to declare any default immediately upon its occurrence, or delay in taking any action in connection with an event of default, shall not constitute a waiver of such default, nor shall it constitute an estoppel against the non - defaulting party, but the non - defaulting party shall have the right to declare the default at any time and take such action as is lawful or authorized under this MOU. Failure by the non - defaulting party to enforce its rights with respect to any one default shall not constitute a waiver of its rights with respect to any subsequent default. 14. Notices. All notices to be given with respect to this MOU shall be in writing and shall be deemed to have been given upon delivery in person or two days after mailed by registered, certified, regular United States Mail and one day after overnight or campus mail to the Party who is to receive such notice. Notice with respect to Parties shall be delivered at the address specified below. The addresses specified below may be changed from time to time by giving written notice thereof to the other Party. To Innovation Park: Innovation Park at Notre Dame, Inc. 1400 E. Angela Blvd. South Bend, IN 46617 Attn: Office of President and CEO To City of South Bend on behalf of Ignition Park: The City of South Bend South Bend Redevelopment Commission 1200 County -City Building, 227 West Jefferson South Bend, IN 46601 Attn: 15. Counterparts. This MOU may be executed in one or more counterparts, all of which taken together shall be deemed one original. 16. Free Neeotiation. The Parties understand, agree and acknowledge that (i) this MOU has been freely negotiated by both Parties; and (ii) in any controversy, dispute or contest over the meaning, interpretation, validity, or enforceability of this MOU or any of its terms or conditions, there shall be no inference, presumption, or conclusion drawn whatsoever against either Party by virtue of that Party having drafted this MOU or any portion thereof. 17. Headines. The headings and titles to the paragraphs of this MOU are for convenience only and shall have no affect upon the construction or interpretation of any part hereof. The term "including" shall be deemed to mean "including without limitation ". [Signature page follows this page.]