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W Company has been informed by the Commission it will record at some future date <br />Restrictive Covenants for the IPPUD. Company shall agree to be bound by such Restrictive Covenants so <br />long as they are in a form reasonable satisfactory to it so as not to unreasonably impair or restrict its use <br />of the Property. <br />8. Assignment. This Agreement may not be assigned by the Commission to any <br />other party without the written consent of the Company, which consent may be withheld for any <br />reason, except in the case of an assignment any entity of the City of South Bend or the <br />Commission or any entity in which the City of South Bend or the Commission have a controlling <br />interest or is the general partner, such consent shall not be unreasonably withheld. This <br />Agreement may not be assigned by the Company without the written consent of the Commission, <br />which consent may be withheld for any reason. <br />9. Entire Agreement. This Agreement embodies the entire agreement between the <br />parties and cannot be varied except by the written agreement of the parties. No representation, <br />promise, or inducement not included in this Agreement shall be binding upon the parties hereto. <br />10. Timiniz. Time is of the essence of this Agreement. <br />11. Notices. Any notices, requests, or other communications required or permitted to <br />be given hereunder shall be in writing and shall be either (i) delivered by hand, (ii) mailed by <br />United States registered mail, return receipt requested, postage prepaid, (iii) sent by a reputable, <br />national overnight delivery services (ie: Federal Express), or (iv) sent by facsimile (with the <br />original being sent by one of the other permitted means or by regular United States mail) and <br />addressed to each party at the applicable address set forth herein. Any such notice, request, or <br />other communication shall be considered given or delivered, as the case may be, on the date of <br />hand delivery (if delivered by hand), on the third (3`d) day following deposit in the United States <br />mail (if sent by United States registered mail), on the next business day following deposit with <br />an overnight delivery service with instructions to deliver on the next day or on the next business <br />day (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 />7 <br />