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Memorandum of Agreement <br /> Page 4 of 6 <br /> in writing signed by the City and the Applicant. The Applicant understands that any and all <br /> filings required to be made or actions required to be taken to initiate or maintain the abatement <br /> are solely the responsibility of the Applicant. <br /> 10. Waivers. Neither the failure nor any delay on the part of the City to exercise any <br /> right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor <br /> shall any single or partial exercise of any right, remedy, power or privilege preclude any other or <br /> further exercise of the same or of any other right, remedy, power or privilege with respect to any <br /> occurrence or be construed as a waiver of such right, remedy, power or privilege with respect to <br /> any other occurrence. No waiver shall be effective unless it is in writing and is signed by the <br /> party asserted to have granted such waiver. <br /> 11. Governing Laws of Indiana. This Agreement and all questions relating to its <br /> validity, interpretation, performance, and enforcement shall be governed by the laws and <br /> decisions of the courts of the State of Indiana. <br /> 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents <br /> to the jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or <br /> Superior Court in connection with any action or proceeding arising out of or relating to this <br /> Agreement or any documents or instrument delivered with respect to any of the obligations <br /> hereunder, and any action related to this Agreement shall be brought in such County and in such <br /> Court. <br /> 13. Notices. All notices, requests, demands, and other communications required or <br /> permitted under this Agreement shall be in writing and shall be deemed to have been received <br /> when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on <br /> the third business day following the mailing, by registered or certified mail, postage prepaid, <br /> return receipt requested,thereof, addressed as set forth below: <br /> If to Applicant: RDistrict One,LLC <br /> P.O. Box 853 <br /> Zionsville, IN 46077 <br /> Attn: Paul Kite <br /> i <br /> If to the City: City of South Bend, Indiana <br />