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16. Attorney's Fees. Any party to this Agreement who is the prevailing party in <br />any legal or equitable proceeding against any other party brought under or in relation to this <br />Agreement or transaction shall be additionally entitled to recover court costs and reasonable <br />attorney's fees from the non - prevailing party. <br />17. Miscellaneous Covenants and Conditions. <br />A. Notice. Any notices required or permitted to be given pursuant to this <br />Agreement shall be in writing and shall be deemed to have been properly given or served and <br />shall be effective upon personal delivery or upon being deposited in the United States mail, <br />postage prepaid and registered or certified with return receipt requested, provided, however, the <br />time period in which a response to any notice must be given shall commence on the postmark <br />date. Any such notice, if given to the City shall be addressed as follows: <br />South Bend Redevelopment Commission <br />Attn: Commission President <br />1200 County -City Building <br />227 W. Jefferson Blvd. <br />South Bend, Indiana 46601 <br />With copies to the following legal counsel: <br />South Bend City Attorney <br />1400 County -City Building <br />227 W. Jefferson Blvd. <br />South Bend, Indiana 46601 <br />and, if given to Unity Gardens, addressed as follows: <br />Sara Stewart Uzelac, RN MSNc <br />18506 US Hwy 6 <br />Walkerton, Indiana 46574 <br />B. Successors and Assigns. This Agreement shall apply to, inure to the <br />benefit of and be binding upon and enforceable against the parties hereto and their respective <br />heirs, legal representatives, successors and assigns, except as otherwise herein expressly <br />provided. <br />C. Governing Law. This Agreement shall be governed by the laws of <br />the State of Indiana and venue for any action shall be St. Joseph County, Indiana. <br />D. Prior Discussions and Agreements. This Agreement shall supersede all <br />prior discussions and agreements between the City and Unity Gardens with respect to the license <br />interest and all other matters contained herein and shall constitute the sole and entire agreement <br />between the City and Unity Gardens with respect thereto. All prior agreements, whether oral or <br />-7- <br />