Subordination, Non Disturbance and Attornment Agreement - Catalyst Two LLC

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12. No modification, amendment or waiver of, or consent to any departure from, any provision of this Agreement nor consent to any departure by Lessor and Lessee therefrom will be effective unless made in a writing signed by Lender, and then such waiver or consent shall be effective only in the specific instance and for the purpose for which given. No notice to or demand on Lessor or Lessee in any case will entitle the Lessor or Lessee to any other or further notice or demand in the same, similar or other circumstance. 13. This Agreement constitutes the entire agreement and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof and may be signed in any number of counterpart copies and by the parties hereto on separate counterparts, but all such copies shall constitute one and the same instrument. 14. This Agreement is delivered in, is intended to be performed in, will be construed and enforceable in accordance with and governed by the internal laws of, the State of Indiana without regard to principles of conflicts of law. Lessor and Lessee agree that the state and federal courts of Indiana shall have exclusive jurisdiction over all matters arising out of this Agreement, and that service of process in any such proceeding shall be effective if mailed by certified mail to Lessor and Lessee at their respective addresses set forth herein. 15. LESSOR AND LESSEE WAIVE THE RIGHT TO A TRIAL BY JURY OF ANY MATTERS ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. LESSOR AND LESSEE ACKNOWLEDGE THAT THE FOREGOING WAIVER IS KNOWING AND VOLUNTARY. IN WITNESS WHEREOF, Lender, Lessor, and Lessee have executed this instrument to be effective as of the day and year first above written. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 5 KD_SNDA (City of South Bend) (Building Two) (First Financial - Cata.._