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Resolution No. 3564 (COSB 2023 Redevelopment Projects)
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Resolution No. 3564 (COSB 2023 Redevelopment Projects)
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9 <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 14005, 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 14005, 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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