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ARTICLE 4 DEFAULT 4.1 Mediation. The parties agree that all claims, disputes. or controversies arising out of or relating to this Agreement or the breach thereof will be submitted to non - binding mediation prior to the filing of any lawsuit in a court of law. Any and all such claims, disputes, or controversies will be referred to an independent mediator agreed upon by the Parties within ten (10) days of the written notice of the claim, dispute, or controversy. If the Parties cannot agree on a mediator, or if the claim, dispute, or controversy is not resolved within sixty (60) days of its referral to the mediator, the Parties will be free to commence legal process. 4.2 Notice and Opportunity to Cure. Before commencing legal process in the event of any Party's failure to perform or observe any of the covenants, terms or conditions in this Agreement, the non - defaulting Party must provide written notice to the defaulting Party of the obligation(s) breached. Notice may be served by (1) sending a copy of the notice by registered or certified mail or other public means by which a written acknowledgement of receipt may be requested and obtained with return receipt requested and returned showing receipt of the letter; or (2) by hand delivering a copy of the notice personally. The addresses to which notice may be delivered are: Union Station: Union Station Properties, LP Attn: Kevin M, Smith 6561 Lonewolf Drive, Suite 100 South Bend, Indiana 46628 Commission: South Bend Redevelopment Commission Attn: Don Inks 227 West Jefferson Boulevard 12th Floor, County -City Building South Bend, IN 46601 The address for notices may be changed by either Party by giving proper notice under this paragraph. The defaulting Party will have a maximum of thirty days from the date of receipt of the notice to cure the default(s) or, in the alternative, to reach agreement with all parties on a plan to cure the default. 4.3 Waiver. A Party's failure to enforce any of its rights or remedies in the event of another party's breach of any of the covenants, terms or conditions of this Agreement shall not be deemed a waiver of those rights or remedies, nor shall its failure bar or abridge any of its rights or remedies upon any subsequent default.