2. Riverside Drive Embankment_COA 2022-0225A

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the reasonable attorneys’ fees, costs, and expenses incurred in the action of proceeding by the prevailing party. 10.Notices: All notices required or permitted under the terms of this Agreement shall be in writing and sent to: Grantee Grantor City of South Bend Paul S. Kochanowski 227 W. Jefferson Blvd, Suite 1300 1111 Riverside Dr. South Bend, IN 46001 South Bend, IN 46616 Attn: City Engineer 11.Entire Agreement; Severability; Applicable Law: This Agreement constitutes the entire agreement between Grantee and Grantor, and no alteration, amendment or any part thereof shall be affective unless in writing signed by the parties. If any portion of this Agreement is ruled by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining portions of this Agreement shall not be affected thereby and shall remain in full force and effect. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. 12.Representation of Authority of Parties/Signatories. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized, and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. 13.Counterparts and Electronic Signature. This Agreement may be executed in counterparts which when taken together shall constitute one fully executed original. The facsimile, email or other electronically delivered signatures of the Parties shall be deemed to constitute original signatures and facsimile or electronic copies hereof shall be deemed to constitute duplicate originals. [SIGNATURES APPEAR ON THE FOLLOWING PAGE]