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(h) This Agreement may be executed (by facsimile, digital or other electronic <br /> means) in several counterparts, all or any of which shall be regarded for all purposes as <br /> one original and shall constitute and be but one and the same instrument. <br /> (i) This Agreement shall be binding upon, inure to the benefit of and be <br /> enforceable by the Parties and their respective successors and permitted assigns. <br /> 6) This Agreement may be amended only by a written instrument executed <br /> by all of the Parties. Any condition precedent to any Party's obligations hereunder <br /> may be waived only in writing by such Party. <br /> (k) All Exhibits attached hereto are incorporated herein by reference. <br /> (1) This Agreement and the Exhibits hereto contain the entire understanding <br /> of the Parties and this Agreement supersedes all prior agreements and understandings, <br /> oral and written, with respect to this subject matter. <br /> (m) In the event of the breach of this Agreement by any Party, such breaching <br /> Party shall not be liable to any other Party to this Agreement for any consequential, <br /> incidental, special or punitive damages. <br /> (n) 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) <br /> mailed by United States registered mail, return receipt requested, postage prepaid, (iii) <br /> sent by a reputable, national overnight delivery service (e.g., Federal Express), or (iv) <br /> sent by facsimile (with the original being sent by one of the other permitted means or <br /> by regular United States mail) and addressed to each party at the applicable address set <br /> forth herein. Any such notice, request, or other communication shall be considered <br /> given or delivered, as the case may be, on the date of hand delivery (if delivered by <br /> hand), on the third (3rd) day following deposit in the United States mail (if sent by <br /> United States registered mail), on the next business day following deposit with an <br /> overnight delivery service with instructions to deliver on the next day or on the next <br /> business day (if sent by overnight delivery service), or on the day sent by facsimile (if <br /> sent by facsimile, provided the original is sent by one of the other permitted means as <br /> provided in this paragraph or by regular United States mail). <br /> City: Mayor <br /> City of South Bend <br /> 1400 County-City Building <br /> South Bend, Indiana 46601 <br /> Telephone: (574) 235-9241 <br /> Facsimile: (574) 235-9892 <br /> - 7 - <br /> BD©BU1 90052150 <br />