Encroachment & Revocable Permit - Eddy St. Commons Phase II - Kite Realty Group

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10. Assignment This Agreement may not be assigned by Owner without the express written consent of the City, which such consent may not be unreasonably withheld, conditioned or delayed; provided, that Owner may, without City's prior written consent, assign the Owner's rights and obligations contained within Section 12 of this Agreement to any person or entity acquiring the Owner's right, title and interest in and to Lots 1, 2, 3, 4, 9 or 10 of that certain Eddy Street Commons Section II minor subdivision plat recorded on March 1, 2018 as Instrument No. 1804819 in the office of the Recorder of St. Joseph County, Indiana, incorporated herein as Exhibit E. 11. Governing Law This Agreement shall be construed and interpreted according to the laws of the State of Indiana. 12. Additional Responsibilities of Parties This Agreement shall be binding upon the Owner, City, and the successors and permitted assigns of either. Notwithstanding the expiration of the term of this Agreement in accordance with Section 6, Owner shall continue to be responsible for maintaining ("Owner's Maintenance Obligation") certain components of the Dedicated Improvements, namely decorative bollards, landscape accent lighting, landscaping, hardscaping, signage specific to development (i.e. directional signage, building parking, signage, and other similar signage), storm water channel from Howard Street to Corby Boulevard, all private infrastructure within the R.O.W. (not limited to irrigation, private storm sewers and structures, and private storm storage facilities (collectively, the "Owner Maintenance Improvements"), obtaining any required City permits to perform any Owner's Maintenance Obligation in the R.O.W., as required by applicable City Code. For the avoidance of doubt, City shall be responsible for maintaining, and Owner shall have no obligation to maintain, roadway pavement, curbing, street lights and poles and associated improvements, standard street signage, snow and ice removal in, on or about the R.O.W., none of which shall be part of the Owner Maintenance Improvements.