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t <br /> ' Memorandum of Agreement <br /> ! ,,' :,,,. i,.. <br /> r Page5of6 <br /> If to Applicant: Mr. aenke <br /> c/o ScSthafer n Bl Gear Works, Inc. <br /> Ff 4701 Nimtz Parkway <br /> South Bend, IN 46628 <br /> If to the City: City of South Bend, Indiana <br /> 1200 County City Building <br /> South Bend, Indiana 46601 <br /> Attn: Robert Mathia, Office of <br /> } Community& Economic Development <br /> t,; <br /> iF 14. Assignment and Transfer Prohibited. This Agreement shall be binding upon and <br /> . inure to the benefit of the City and the Applicant and their successors and assigns, except that no <br /> '` party may assign or transfer its rights or obligations under this Agreement without the prior <br /> r written consent of the other party hereto, in which consent shall not be unreasonably withheld: • <br /> 15. Valid and Binding Agreement. This Agreement may be executed in any number <br /> 4 <br /> of counterparts, each of which shall be deemed to be an original as against any party whose <br /> ?" signature appears thereon, and all of which shall together constitute one and the same instrument. Y: <br /> k ' By executing this Agreement, each person so executing affirms that he has been duly authorized <br /> to execute this Agreement on behalf of such party and that this Agreement constitutes a valid and <br /> binding obligation of the party. <br /> ,, f <br /> 16. Severability. The provisions of this Agreement and of each section or other <br /> 3 <br /> {{tCF subdivision herein arc independent of and separable from each other, and no provision shall be j <br /> affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other <br /> 1 1 or others of them may be invalid or unenforceable in whole or in part unless this Agreement is I - <br /> }x rendered totally unenforceable thereby. <br /> 17. No Personal Liability. No official, director, officer, employee or agent of the City f <br /> r '. shall be charged personally by the Applicant, its employees or agents with any liabilities or <br /> expenses of defense or be held personally liable to the Applicant under any term or provision of <br /> this Agreement or because of the execution by such party of this Agreement or because of any <br /> default by such party hereunder. - <br /> ) (Remainder of page intentionally blank.) <br /> 'I l'' ' ' <br /> s <br /> I t <br /> i'. c <br /> . :' ' [.'' ''' <br />