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understands that any and all filings required to be made or actions required to be taken to initiate or <br /> maintain the abatement 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 right,remedy, <br /> power or privilege under this Agreement shall operate as a waiver thereof,nor shall any single or partial <br /> exercise of any right,remedy,power or privilege preclude any other or further exercise of the same or of <br /> any other right,remedy,power or privilege with respect to any occurrence or be construed as a waiver of <br /> such right,remedy,power or privilege with respect to any other occurrence. No waiver shall be effective <br /> unless it is in writing and is signed by the party asserted to have granted such waiver. <br /> 11. Governing Laws of Indiana. This Agreement and all questions relating to its validity, <br /> interpretation,performance,and enforcement shall be governed by the laws and decisions of the courts of <br /> the State of Indiana. <br /> 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the <br /> jurisdiction of the Courts of the State of Indiana and of the St.Joseph County Circuit or Superior Court in <br /> connection with any action or proceeding arising out of or relating to this Agreement or any documents or <br /> instrument delivered with respect to any of the obligations hereunder, and any action related to this <br /> Agreement shall be brought in such County and in such Court. <br /> 13. Notices. All notices,requests,demands,and other communications required or permitted under <br /> this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or <br /> by facsimile(with confirmation by registered or certified mail)or on the third business day following the <br /> mailing,by registered or certified mail,postage prepaid,return receipt requested,thereof,addressed as set <br /> forth below: <br /> If to Applicant: ids IV,.t I kn 0-111 p r per '9- <br /> Address: t 2 4 22 54 C( IecRDL 23 <br /> Gfan 0 , inf ��653a <br /> Attn: V0)101;10 UPa-r-° <br /> Title: Own l✓j <br /> If to the City: City of South Bend,Indiana <br /> 227 West Jefferson Blvd.Suite 1400S <br /> South Bend,Indiana 46601 <br /> Attn:Daniel Buckenmeyer,Department of <br /> Community Investment <br /> 14. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the <br /> benefit of the City and the Applicant and their successors and assigns,except that no party may assign or <br />