Right of Entry for Construction Agreement - Allowing McCormick to Improve Property - McCormick & Company, Inc.

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McCormick ROE For Construction Agreement Dollars ($5,000,000.00) in the aggregate and One Million Dollars ($1,000,000.00) per occurrence. To the extent that the Grantor is harmed as a result of Grantee's use of Right of Entry, the Grantee grants the Grantor first priority on any proceeds received from Grantee's insurance. Notwithstanding anything in this Agreement to the contrary, the Grantor does not waive any governmental immunity or liability limitations available to it under Indiana law. 9. This Agreement shall expire one (1) year from the date hereof, but may be terminated before that date, by either Grantor or the Grantee by giving the other party written notice of termination, at least thirty (30) days in advance of the effective date of such termination. 10. All written notices required or permitted under this Agreement shall be served by (i) certified mail, return receipt requested, to the party to whom the same is directed at that party's respective address, as set forth below, or (ii) overnight delivery by recognized overnight carrier to the party to whom the same is directed at that party's respective address, as set forth below. If to Grantor: Corporation Counsel City of South Bend, Indiana 227 W. Jefferson Blvd., Ste. 1200 South Bend, IN 46601 If to Grantee: McCormick & Company, Incorporated 24 Schilling Road, Suite 1 Hunt Valley, Maryland 21031 Attention: Corporate Secretary Or at such other address as either party may from time-to-time designate by giving written notice, as provided herein. The date of service of notice shall be the date on which such notice is received (or, alternatively, if notice is given by certified mail, the date upon which receipt is refused). 11. This writing constitutes the full and entire agreement of the parties regarding the subject matter hereof. If any paragraph, part, term or provision of this Agreement is construed or held to be void, invalid or unenforceable by order, decree or judgment of a court of competent jurisdiction, the remaining paragraphs, parts, terms or provisions shall not be affected and shall remain in full force and effect. 12. This Agreement shall be governed by the laws of the State of Indiana.