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Easement Agreement – Rose Cataldo, Pokagon Band of Potawatomi Indians, Pokagon Gaming Authority, and Star 001, LLC
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Easement Agreement – Rose Cataldo, Pokagon Band of Potawatomi Indians, Pokagon Gaming Authority, and Star 001, LLC
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9/10/2020 10:05:24 AM
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9/10/2020 10:05:20 AM
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Board of Public Works
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Contracts
Document Date
9/8/2020
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Build-Out Phase sanitary sewer by \[INSERT PROJECTED COMPLETION <br />DATE\]. <br /> <br />9. Force Majeure. The parties to this Agreement shall not be excused from the <br />performance of any of their obligations under this Agreement except when such <br />performance is prevented by causes which are beyond the reasonable control and <br />without the fault of the party affected, such as acts of God, war, terrorism, civil <br />unrest, labor shortages and acts of a government in its sovereign capacity. The party <br />whose performance is delayed shall promptly notify the other party of any such <br />cause for non-mance <br />shall be excused on a day-to-day basis only for the duration of the cause of non- <br />performance and only to the extent that performance is actually prevented provided, <br />however, that such party diligently pursues all reasonable efforts to eliminate the <br />cause of non-performance. Where the performance of one party is excused, the <br />performance of the other parties shall likewise be excused, and all parties shall <br />promptly resume performance upon the cessation of the cause of non-performance. <br /> <br />10. Dispute Resolution. The parties shall use their best efforts to amicably and <br />diligently resolve every controversy, question, claim, or dispute between them that <br />arises out of this Agreement. In the event that the parties cannot fully resolve the <br />dispute, the parties agree to use non-binding mediation by a mutually acceptable <br />mediator to resolve the dispute. If the dispute cannot be resolved by non-binding <br />mediation, the parties agree that the state and federal courts within Indiana shall <br />have exclusive subject-matter jurisdiction over any dispute that arises out of this <br />Agreement. <br /> <br />11. Governing Law. This Agreement shall be deemed entered into in Indiana and shall <br />be subject to the internal laws of the State of Indiana and any applicable federal law. <br /> <br />12. Legal Costs. The parties agree and stipulate that each party shall bear its own costs, <br /> <br /> <br />13. Miscellaneous Provisions. <br /> <br />(a) Notice. Any notice required to be given pursuant to this Agreement shall be <br />delivered to the appropriate party by Certified Mail Return Receipt Requested, <br />or by overnight mail or courier service, to the following addresses: <br /> <br />If to the City: <br /> <br />City of South Bend, Department of Public Works <br />1316 County-City Building <br /> <br />Page 7 of 13 <br /> <br /> <br />
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