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4652-18 MOU with St. Joseph County Public Library and Community Foundation regarding the Community Education Center Project
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4652-18 MOU with St. Joseph County Public Library and Community Foundation regarding the Community Education Center Project
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Last modified
11/28/2018 1:22:57 PM
Creation date
11/28/2018 1:22:50 PM
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City Council - City Clerk
City Council - Document Type
Resolutions
City Counci - Date
11/26/2018
Ord-Res Number
4652-18
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(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) Before any failure by any Party to perform its obligations under this <br /> Agreement shall be deemed to be a breach of this Agreement, the Party claiming such <br /> failure shall notify in writing, the Party alleged to have failed to perform such obligation <br /> and shall demand performance. No breach of this Agreement may be found to have <br /> occurred if performance has commenced to the reasonable satisfaction of the complaining <br /> Party within thirty (30) days of the receipt of such notice. If performance has not <br /> commenced to the reasonable satisfaction of the complaining Party within thirty (30) <br /> days of receipt of such notice, the complaining Party may submit the dispute to <br /> mediation, and if mediation is unsuccessful, then the complaining Party may take <br /> whatever action at law or in equity the complaining Party deems necessary and desirable <br /> to enforce observance and performance of any obligation under this Agreement. <br /> - 9 - <br />
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