Easement Agreement - Rose Cataldo, Pokagon Band of Potawatomi Indians, Pokagon Gaming Authority, and Star 001, LLC

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Page 9 of 13 Anna Maria Chaffee 52873 Ash Road Granger, IN 46530 If to Star: Ronak Patel 6101 Melton Road Portage, IN 46368 A party may designate a different address for notification under this subsection by notifying the other parties of such change in writing. (b) Further Actions . Each party agrees to execute all documents and to take all actions reasonably necessary to comply with the provisions of this Agreement and its intent. (c) Waivers . No failure or delay by a party to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of th is Agreement and no breach thereof shall be waived, altered or modified except by written instrument. (d) Captions . The captions for each section and subsection are intended for convenience only. (e) Severability. If any provision, or any portion of any provis ion, of this Agreement is found to be invalid or unenforceable, such unenforceable provision, or unenforceable portion of such provision, shall be deemed severed from the remainder of this Agreement and shall not cause the remainder of this Agreement to be invalid or unenforceable. If any provision, or any portion of any provision, of this Agreement is deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. (f) Third Party Beneficiary. This Agreement is exclusively for the benefit of the parties hereto. It may not be enforced by any party other than the parties to this Agreement, and shall not give rise to liability to any third party.