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<br /> �i. r Memorandum of Agreement + h
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<br /> }` 9. Modification/Entire Agreement. This Agreement and the schedules attached =`
<br /> hereto contain the entire understanding between the City and the Applicant with respect to the +, ~i';.
<br /> r ,, 1 subject matter hereof, and supersede all prior and contemporaneous agreements and
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<br /> .Y understandings, inducements, and conditions, expressed or implied, oral or written, except as x '
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<br /> herein contained. This Agreement may not be modified or amended other than by an agreement € `
<br /> 'r $ in writing signed by the City and the Applicant. The Applicant understands that any and all
<br /> n #' filings required to be made or actions required to be taken to initiate or maintain the abatement it
<br /> •: are solely the responsibility of the Applicant.
<br /> ' `� , 10. Waivers. Neither the failure nor any delay on the part of the City to exercise any gip;
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<br /> right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor
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<br /> ;;> -11 shall any single or partial exercise of any right, remedy, power or privilege preclude any other or ,k,
<br /> k further exercise of the same or of any other right, remedy, power or privilege with respect to any r`
<br /> 1 occurrence or be construed as a waiver of such right, remedy, power or privilege with respect to
<br /> ,:4' :' any other occurrence. No waiver shall be effective unless it is in writing and is signed by the
<br /> <" ' party asserted to have granted such waiver.
<br /> 11. Governing Laws of Indiana, This Agreement and all questions relating to its
<br /> y validity, interpretation, performance, and enforcement shall be governed by the laws and i{
<br /> decisions of the courts of the State of Indiana.
<br /> 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents
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<br /> i to the jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or
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<br /> litA;'' Superior Court in connection with any action or proceeding arising out of or relating to this 4= `,>.
<br /> Z YY ii' `1 Agreement or any documents or instrument delivered with respect to any of the obligations s
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<br /> f`Z hereunder, and any action related to this Agreement shall be brought in such County and in such -:-.4.:.--,.."
<br /> r ; Court.
<br /> 13. Notices. All notices,.requests, demands, and other communications required or ;,
<br /> r,t ,"1.1 been received i
<br /> permitted under this Agreement shall be in writing and shall be deemed to have bived {
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<br /> e: when delivered by hand or by facsimile (with confirmation by registered or certified mail) or on •.
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<br /> t the third business day following the mailing, by registered or certified mail, postage prepaid,
<br /> return receipt requested, thereof, addressed as set forth below:
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