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6D 1
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06-14-11 Packet
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6D 1
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11/1/2012 2:25:19 PM
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12. Modification of MOU. Any modification of this MOU or additional obligation assumed by either <br />Party in connection with this MOU shall be binding only if evidenced in a writing signed by each Party hereto. <br />13. No Waiver. Failure of either Party to declare any default immediately upon its occurrence, or <br />delay in taking any action in connection with an event of default, shall not constitute a waiver of such default, nor <br />shall it constitute an estoppel against the non - defaulting party, but the non - defaulting party shall have the right to <br />declare the default at any time and take such action as is lawful or authorized under this MOU. Failure by the non - <br />defaulting party to enforce its rights with respect to any one default shall not constitute a waiver of its rights with <br />respect to any subsequent default. <br />14. Notices. All notices to be given with respect to this MOU shall be in writing and shall be deemed <br />to have been given upon delivery in person or two days after mailed by registered, certified, regular United <br />States Mail and one day after overnight or campus mail to the Party who is to receive such notice. Notice <br />with respect to Parties shall be delivered at the address specified below. The addresses specified below may <br />be changed from time to time by giving written notice thereof to the other Party. <br />To Innovation Park: <br />Innovation Park at Notre Dame, Inc. <br />1400 E. Angela Blvd. <br />South Bend, IN 46617 <br />Attn: Office of President and CEO <br />To City of South Bend on behalf of Ignition Park: <br />The City of South Bend <br />South Bend Redevelopment Commission <br />1200 County -City Building, 227 West Jefferson <br />South Bend, IN 46601 <br />Attn: <br />15. Counterparts. This MOU may be executed in one or more counterparts, all of which taken <br />together shall be deemed one original. <br />16. Free Neeotiation. The Parties understand, agree and acknowledge that (i) this MOU has been <br />freely negotiated by both Parties; and (ii) in any controversy, dispute or contest over the meaning, interpretation, <br />validity, or enforceability of this MOU or any of its terms or conditions, there shall be no inference, presumption, or <br />conclusion drawn whatsoever against either Party by virtue of that Party having drafted this MOU or any portion <br />thereof. <br />17. Headines. The headings and titles to the paragraphs of this MOU are for convenience only and <br />shall have no affect upon the construction or interpretation of any part hereof. The term "including" shall be <br />deemed to mean "including without limitation ". <br />[Signature page follows this page.] <br />
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