PSA - Development and Execution Emergency Small Business Loan Program - Bankable Contract Kyle Fawcett

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8. ASSIGNMENT. The CDFI shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 9. NOTICE. All legal notices and other legal communications given or made pursuant hereto shall be in writing and shall be delivered personally or sent by registered or certified mail (postage prepaid, return receipt requested), or overnight courier and addressed to the party's proper address as set forth below. Any such notice shall be deemed to be given as of the date it is delivered to the recipient. All notices shall be addressed as follows: If to the City to: Brian Donoghue, Director of Innovation City of South Bend, Indiana County -City Building 1200N 227 W Jefferson Blvd South Bend, IN 46601 With a copy to: Corporation Counsel City of South Bend, Indiana County -City Building 1200S 227 W Jefferson Blvd South Bend, IN 46601 If to the CDFI to: Brad McConnell, CEO Accion/Chicago, Inc. 135 N. Kedzie Chicago, IL 60612 With a copy to: 10. NO WAIVER. No failure or delay on the part of either party in exercising any right under this Agreement will operate as a waiver of, or impair, any such right. No single or partial exercise of any such right will preclude any other or further exercise thereof or the exercise of any other right. No waiver of any such right will have effect unless given in a written document signed by the party waiving such right. No waiver of any right will be deemed a waiver of any other right hereunder. 11. SEVERABIL,ITY. In the event any portion of this Agreement shall be held illegal, void, or ineffective, the remaining portions hereof shall remain in full force and effect. If any of the terms or conditions of this Agreement are in conflict with any applicable statute or rule of law, then such terms and conditions shall be deemed inoperative to the extent that they may conflict therewith and shall be deemed to be modified to conform to such law. 12. ENTIRE AGREEMENT AND AMENDMENT. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the CDFI and the City.