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227 W Jefferson Blvd South Bend, IN 46601 donoghue@southbendin.gov With a copy to: Corporation Counsel City of South Bend, Indiana County -City Building 1200S 227 W Jefferson Blvd South Bend, IN 46601 New York, NY 10075 le &Li), alootnber With a copy to: Elizabeth Buckley Lewis, Esq. Willkie Farr & Gallagher LLP 787 Seventh Avenue New York, NY 10019 19. Miscellaneous. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which, when taken together, shall constitute one and the same instrument. This Agreement shall be binding upon, inure to the benefit of, and may be enforced by, each of the parties to this Agreement and its successors and permitted assigns. Each provision of this Agreement shall be considered separable, and if, for any reason, any provision or provisions hereof are determined to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall attach only to such provision and shall not in any manner affect or render illegal, invalid or unenforceable any other provision of this Agreement, and this Agreement shall be carried out as if any such illegal, invalid or unenforceable provision were not contained herein. This Agreement shall not be assigned without the prior written consent of the Foundation. This Agreement, including any schedules, amendments, modifications, waivers, or notifications relating thereto may be executed and delivered by facsimile, electronic mail, or other electronic means. Any such facsimile, electronic mail transmission, or communication via such electronic means shall constitute the final agreement of the parties and conclusive proof of such agreement, and shall be deemed to be in writing and to have the same effect as if signed manually. Any consent required to be given in writing hereunder may be given by electronic mail. [SIGNATURE PAGE FOLLOWS] -10-