Parking Lot Lease – Re-Entering into Five (5) Year Lease Agreement - Mary Coyne Investments, LLC

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Page 2 of 4 of Lessee. Lessor covenants that Lessee may peacefully hold and enjoy the Leased Premises during the lease term without any interruption by Lessor, its successors or assigns, or any other person or entity. b.Lessor and its authorized representatives shall have the right to examine and inspect the Leased Premises from time to time during usual business hours. c.Lessor represents and warrants that it has received no notice or knowledge of claimed violations of any law, ordinance or regulation relating to the Leased Premises. 12.Termination. In the event that either party breaches any covenant or obligation in this lease, the non-breaching party shall give the breaching party written notice of any intent to terminate this lease for such breach and of the cause therefore. If the breaching party does not correct the breach specified within thirty (30) days (or, in the event the breach is of a nature that cannot be reasonably remedied within thirty (30) days, fails to commence to remedy such breach within thirty (30) days and continue with reasonable diligence to correct same) this Lease may then be terminated by thirty (30) days written notice by the non-breaching party to the breaching party for such uncured cause. Upon cancellation or termination of this Lease, Lessee shall be released from any further obligation under the terms of this Lease arising after the date of such termination. Lessee may terminate the lease for any reason upon sixty (60) days written notice to Lessor. 13.Surrender. Upon the termination of this Lease by lapse of time or otherwise, Lessee agrees that it will surrender and deliver to Lessor possession of the Leased Premises. Lessee shall have the right to remove any and all of Lessee's personal property and trade fixtures prior to such surrender and delivery. 14.Notices. Any notices or communications required or requested to be given under the terms of this lease shall be deemed properly given if mailed by United States mail, registered and with postage prepaid, if to: to Lessor at: to Lessee at: Mary Coyne Investments, LLC 1428 Hamilton Avenue Cleveland, Ohio 44114 ATTN: Michael F. Coyne, Esq. City Controller Department of Administration and Finance City of South Bend 227 W. Jefferson Blvd., 1200N South Bend, Indiana 46601 With a copy to: Corporation Counsel Department of Law City of South Bend 227 W. Jefferson Blvd., 1200S South Bend, Indiana 46601 Addresses for notices may be changed by delivery notice of such change in the manner provided above. 15.Brokers. Lessor and Lessee each represent and warrant that they have not obligated the other to compensate any agent, attorney, broker or finder or their intermediary in connection with the negotiation, preparation or execution of this Lease. 16.Severability. If any provisions of this Lease shall be invalid or unenforceable, the remainder hereof shall nevertheless continue in full force and effect. 17.Waiver. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver.