Addendum No 2 to Billing Services Agreement - Billing Services for Carriage Hills Project – St. Joseph County Regional Water & Sewer District

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2.4.Term and Renewal. This Agreement shall commence on the date set forth above, and shall remain in effect for a period of forty (40) years, unless terminated by: (i) either Party on not less than ninety (90) days prior written notice; or (ii) sooner as otherwise agreed to by the parties; or (iii) as a result of any law, order, rule, regulation or determination of a court, regulatory agency or other body of competent jurisdiction permitting or requiring termination or a material modification of this Agreement. 2.5.Authority; Counterparts. Each undersigned person signing and delivering this Agreement on behalf of the parties, respectively, represents and warrants that he or she is duly authorized and fully empowered to sign and deliver this Agreement. The parties may execute this Agreement in separate counterparts, which taken together will constitute one original document. An electronically transmitted copy of a signature will be regarded as an original signature. 2.6.Severability. If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. 2.7.Disputes. Each Party agrees to reasonably assist the other Party in the event any disputes arise between any Party and any third party arising out of this Agreement. In the event of a dispute between the District and the City and any third party, the City and the District shall cooperate with each other to resolve and defend such dispute. 2.8.Assignment; Successors; No Third-Party Rights. No Party may assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of the other Parties. This Agreement will apply to, be binding in all respects upon and inure to the benefit of the successors and permitted assigns of the parties. Nothing expressed or referred to in this Agreement will be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy or claim under or with respect to this Agreement or any provision of this Agreement. 2.9.Notices. Any and all correspondence or notices required, permitted, or provided for under this Agreement to be delivered to any Party shall be sent to that Party by first class mail at the address provided below, or to such other address as directed in writing provided to a Party by the Party to whom the notice is to be directed. All correspondence shall be considered delivered to a Party as of the date that the notice is deposited with sufficient postage with the United States Postal Service. A notice of termination shall be sent via certified mail. Unless otherwise directed, notices shall be mailed to the following addresses: To the City: City of South Bend Utilities Division 125 W. Colfax Avenue South Bend, IN 46601 Attn: Assistant Director of Utilities 5