4766-19 SWGS Properties, LLC Confirming Tax Abatement

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10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, remedy, po er or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exe cise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any other right, remedy, power or privilege with respect to any occurrence or be construed as a waiver of sue right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unl ss it is in writing and is signed by the party asserted to have granted such waiver. i l. Governing Laws of Indiana. This Agreement and all questions relating to its validity, inti iretation, performance, and enforcement shall be governed by the laws and decisions of the courts of the tate of Indiana. 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction of t e Courts of the State of Indiana and of the St. Joseph County Circuit or Superior Court in connection wilt any action or proceeding arising out of or relating to this Agreement or any documents or instrument delivered with respect to any of the obligations hereunder, and any action related to this Agreement shall be brought in such County and in such Court. 1 13. Notices. All notices, requests, demands, and other communications required or permitted under thi Agreement shall be in writing and shall be deemed to have been received when delivered by hand or byfacsimile (with confirmation by registered or certified mail) or on the third business day following the mailing, by registered or certified mail, postage prepaid, return receipt requested,thereof,addressed as set forth below: If to Applicant: SWGS Properties, LLC 21601 Durham Way Bristol, IN 46507 Attn: David Andre If to the City: City of South Bend, Indiana 227 West Jefferson Blvd. Suite 1400S South Bend, Indiana 46601 Attn: Daniel Buckenmeyer, Department of Community Investment 14. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit of the City and the Applicant and their successors and assigns, except that no party may assign or transfer its rights or obligations under this Agreement without the prior written consent of the other party hereto, in which consent shall not be unreasonably withheld. 15. Valid and Binding Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original as against any party whose signature appears thereon,and 31