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<br />Leased Premises, or any portion thereof, in accordance with the provisions of Section 11, and
<br />upon the full discharge and performance by the Lessee of its obligations under this Lease, the
<br />Leased Premises, or such portion thereof remaining, shall thereupon become the absolute property
<br />of the Lessee, subject to the limitations, if any, on the conveyance of the site for the Leased
<br />Premises to the Lessor and, upon the Lessee’s request the Lessor shall execute proper instruments
<br />conveying to the Lessee, or to any entity (including the City) designated by the Lessee, all of
<br />Lessor’s title to the Leased Premises, or such portion thereof.
<br />13.Defaults. If the Lessee shall default (a) in the payment of any rentals or other sums
<br />payable to the Lessor hereunder, or in the payment of any other sum herein required to be paid for
<br />the Lessor; or (b) in the observance of any other covenant, agreement or condition hereof, and such
<br />default shall continue for ninety (90) days after written notice to correct such default; then, in any
<br />or either of such events, the Lessor may proceed to protect and enforce its rights by suit or suits in
<br />equity or at law in any court of competent jurisdiction, whether for specific performance of any
<br />covenant or agreement contained herein, or for the enforcement of any other appropriate legal or
<br />equitable remedy; or the Lessor, at its option, without further notice, may terminate the estate and
<br />interest of the Lessee hereunder, and it shall be lawful for the Lessor forthwith to resume
<br />possession of the Leased Premises and the Lessee covenants to surrender the same forthwith upon
<br />demand.
<br />The exercise by the Lessor of the above right to terminate this Lease shall not release the
<br />Lessee from the performance of any obligation hereof maturing prior to the Lessor’s actual entry
<br />into possession. No waiver by the Lessor of any right to terminate this Lease upon any default
<br />shall operate to waive such right upon the same or other default subsequently occurring.
<br />14.Notices. Whenever either party shall be required to give notice to the other under
<br />this Lease, it shall be sufficient service of such notice to deposit the same in the United States mail,
<br />in an envelope duly stamped, registered and addressed to the other party or parties at the following
<br />addresses: (a) to Lessor: South Bend Redevelopment Authority, Attention: President, c/o
<br />Department of Community Investment, 227 West Jefferson Blvd., Suite 1405, South Bend,
<br />Indiana; (b) to Lessee: South Bend Redevelopment Commission, Attention: President, c/o
<br />Department of Community Investment, 227 West Jefferson Blvd., Suite 1405, South Bend,
<br />Indiana.
<br />The Lessor, the Lessee and the Trustee may, by notice given hereunder, designate any
<br />further or different addresses to which subsequent notices, certificates, requests or other
<br />communications shall be sent.
<br />15.Successors or Assigns. All covenants of this Lease, whether by the Lessor or the
<br />Lessee, shall be binding upon the successors and assigns of the respective parties hereto.
<br />16.Construction of Covenants. The Lessor was organized for the purpose of
<br />acquiring, constructing, equipping and renovating local public improvements and leasing the same
<br />to the Lessee under the provisions of the Act. All provisions herein contained shall be construed
<br />in accordance with the provisions of the Act, and to the extent of inconsistencies, if any, between
<br />the covenants and agreements in this Lease and the provisions of the Act, the Act shall be deemed
<br />to be controlling and binding upon the Lessor and the Lessee; provided, however, any amendment
<br />to the Act after the date hereof shall not have the effect of amending this Lease.
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