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Recapture Period. From the fourth (4"') year of the Investment Recapture Period <br />forward, any payments from Union Station will be due on an annual basis as <br />described above. <br />(v) Provide the Commission and any other applicable government agencies <br />with all information reasonably necessary to complete the actions contemplated <br />by this Agreement and acknowledge and understand all such information to the <br />extent provided to a governmental agency may be subject to the Indiana Access to <br />Public Records Act. <br />(vi) Provide the Commission with an annual report concerning the progress of <br />Union Station's Phase I Commitments. To the extent possible, this report shall be <br />at a regularly scheduled Commission meeting. <br />Section 3. Notices. Any notices, requests, or other communications required or <br />permitted to 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) sent by a <br />reputable, national overnight delivery services (ie: Federal Express), or (iv) sent by facsimile <br />(with the original being sent by one of the other permitted means or by regular United States <br />mail) and addressed to each party at the applicable address set forth herein. Any such notice, <br />request, or other communication shall be considered given or delivered, as the case may be, on <br />the date of hand delivery (if delivered by hand), on the third (3'.d) day following deposit in the <br />United States mail (if sent by United States registered mail), on the next business day following <br />deposit with an overnight delivery service with instructions to deliver on the next day or on the <br />next business day (if sent by overnight delivery service), or on the day sent by facsimile (if sent <br />by facsimile, provided the original is sent by one of the other permitted means as provided in this <br />paragraph or by regular United States mail). <br />Union Station: <br />Union Station Properties, LLC <br />Attn: Kevin M. Smith <br />6561 Lonewolf Drive, Suite 100 <br />South Bend, Indiana 46628 <br />3 <br />