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6C (1)(2)
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03-27-12 Packet
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6C (1)(2)
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11/1/2012 10:41:58 AM
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5. Except as otherwise provided in this Agreement, upon any default in or breach of <br />this Agreement by either party or any successor to such party, such party (or successor), upon <br />written notice from the other, shall proceed immediately to cure or remedy such default or breach <br />within thirty (30) days after receiving the notice. If action is not taken or not diligently pursued, <br />or the default or breach is not cured or remedied within a reasonable time, the aggrieved party <br />may institute proceedings necessary or desirable in its sole opinion to cure and remedy the <br />default or breach, including, but not limited to, proceedings to compel specific performance by <br />the party in default or breach of its obligations. <br />6. No member, official, or employee of the City shall have any personal interest, <br />direct or indirect, in this Agreement, nor shall any such member, official, or employee participate <br />in any decision relating to this Agreement which affects his personal interests or the interests of <br />any corporation, limited liability company, partnership or association in which he /she is, directly <br />or indirectly, interested. No member, official or employee of the City shall be personally liable <br />to the Organization, or any successor in interest, in the event of any default or breach by the City <br />or for any amount that may become due to the Organization, its successors or assigns or on any <br />obligations under the terms of this Agreement. <br />7. A notice, demand or other communication under this Agreement by either party to <br />the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, <br />postage prepaid, return receipt requested, or delivered personally and <br />a. in the case of the Organization, is addressed to or delivered personally to the <br />Organization as follows: <br />South Bend Heritage Foundation, Inc. <br />ATTN: Executive Director <br />803 Lincoln Way West <br />South Bend, Indiana 46616 <br />b. in the case of the Commission, is addressed to or delivered personally to the <br />Commission as follows: <br />South Bend Board of Public Works <br />1316 County -City Building <br />227 West Jefferson Boulevard <br />South Bend, Indiana 46601 <br />ATTN: President <br />With copy to: <br />City Attorney <br />Department of Law <br />1400 County -City Building <br />3 <br />
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