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Company: <br />Richard Carlton <br />Data Realty Northern Indiana, LLC <br />1400 Angela Blvd. <br />South Bend, Indiana 46601 <br />With copy to: <br />Glenn Killoren <br />Attorney at Law <br />ls` Source Bank Center <br />100 North Michigan <br />South Bend, IN 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 />With copy to: <br />Charles Leone, Esq. <br />City Attorney <br />City of South Bend, Indiana <br />1400 City- County Building <br />227 W. Jefferson Boulevard <br />South Bend, IN 46601 -1830 <br />12. Binding Terms. All the terms and conditions of this Agreement are hereby made <br />binding on the successors and permitted assigns of both parties hereto. <br />13. Governing Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Indiana and venue for any action shall be St. Joseph <br />County, Indiana. <br />14. Binding Upon Execution. This Agreement shall not be effective or binding until <br />fully executed by all the parties. <br />15. Survival of Terms. This Agreement, including without limitation, paragraphs 6 <br />and 7, will survive closing of the conveyance the Property and shall not be considered merged <br />into the deed or other documentation reflecting conveyance of the Property. <br />16. Partial Invalidity. If any provision of this Agreement is held by a court of <br />competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions of <br />this Agreement shall remain in full force and effect and shall in no way be affected, impaired or <br />invalidated. <br />17. Additional Documents. Each party shall execute and deliver to the other all such <br />other further instruments and documents as may be reasonably necessary to accomplish the <br />actions contemplated by this Agreement and to provide and secure to the other party the full and <br />complete enjoyment of its rights and privileges hereunder. <br />18. Negotiated Agreement. This Agreement was negotiated by the parties at arm's <br />length and each of the parties hereto has reviewed the agreement after the opportunity to consult <br />with independent counsel. Neither party shall maintain that the language in the Agreement shall <br />be construed against any signatory hereto. <br />8 <br />