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No. 3052 approving/authorizing the execution of an addendum to the master agency agreement (Union Station Technology Center, MOU 1 Budget)
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No. 3052 approving/authorizing the execution of an addendum to the master agency agreement (Union Station Technology Center, MOU 1 Budget)
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10/18/2012 11:07:06 AM
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A <br />Commission: <br />South Bend Redevelopment Commission <br />Attn: Don Inks <br />12th Floor, County -City Building <br />South Bend, IN 46601 <br />Section 4. Miscellaneous. The following general terms are made a part of this <br />Agreement: <br />(a.) The term of this Agreement shall be for a period of one (1) year ( "Initial Term "), <br />and it shall automatically renew for an additional period of one (1) year <br />("Renewal Term ") unless either Party provides written notice of its intention to <br />terminate the Agreement at least one hundred twenty (120) days prior to the <br />expiration of the Initial Term or any Renewal Tenn. <br />(b.) This Agreement shall bind, and inure to the benefit of, the Parties and their heirs, <br />personal and legal representatives, and successors and assigns. <br />(b.) This Agreement shall be interpreted by the laws of the State of Indiana and any <br />venue for any action related to this Agreement shall be in the St. Joseph County, <br />Indiana Courts. <br />(c.) In the event of any Parties' failure to perform or observe any of the covenants, <br />terms or conditions in this Agreement, the defaulting Party shall pay the other <br />Parties' attorney fees, costs and expenses, including expenses of preparing any <br />notice of delinquency request for performance, whether or not any legal action is <br />instituted, including by reason of enforcing the non - defaulting Parties' rights <br />hereunder. <br />(d) Any Parties' failure to enforce any of its rights or remedies upon the other Parties' <br />breach of any of the covenants, terms or conditions of this Agreement shall not be <br />deemed a waiver of those rights or remedies, nor shall its failure bar or abridge <br />any of its rights or remedies upon any subsequent default. <br />(e.) if any covenant, tern or condition of this Agreement is held invalid or <br />unenforceable by a court, the remaining covenants, terms or conditions shall not <br />be affected by such an occurrence. Each covenant, term and condition of this <br />Agreement shall be given effect and enforced against the breaching Party to the <br />fullest extent permitted by law. <br />(f.) This Agreement constitutes the entire Agreement between the Parties and may not <br />be modified except in writing, p g, by both Parties. Any prior understanding or <br />7 <br />
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