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OCT ·1 9 ?fl:~-} <br />I crwc ~;,, _ <br />9 . Wai ve rs . Neither the failure nor any delay on the part of the City to exercise any right, <br />remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any <br />single or partial exercise of any right, remedy, power or privilege preclude any other or further <br />exercise of the same or of any other right, remedy , power or privilege with respect to any <br />occurrence or be construed as a waiver of such right , remedy, power or privilege with respect to <br />any other occurrence . No waiver shall be effective unless it is in writing and is signed by the party <br />asserted to have granted such waiver . <br />10 . Governing Law of Indi ana. This Agreement and all questions relating to its validity , <br />interpretation, performance, and enforcement shall be governed by the laws and decisions of the <br />courts of the State of Indiana. <br />11 . Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the <br />jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior <br />Court in connection with any action or proceeding arising out of or relating to this Agreement or <br />any documents or instrument delivered with respect to any of the obligations hereunder, and any <br />action related to this Agreement shall be brought in such County and in such Court. <br />12 . o ti ces. All notices , requests , demands , and other communications required or permitted <br />under this Agreement shall be in writing and shall be deemed to have been received when delivered <br />by hand or by facsimile (with confirmation by registered or certified mail) or on the third business <br />day following the mailing , b y registered or certified mail, postage prepaid, return receipt requested , <br />thereof, addressed as set forth below : <br />If to Applicant: Steel Warehouse Company LLC <br />2722 W. Tucker Drive <br />South Bend, IN 46619 <br />Attn : Gerald F . Lerman <br />[itle: Vice President and General Counsel <br />If to the City: City of South Bend, Indiana <br />227 West Jefferson Blvd . Suite 1400S <br />South Bend, Indiana 46601 <br />Attn: Caleb Bauer, Department of <br />Community Investment <br />3 <br />J <br />-0 , IN