Sidewalk Construction Agreement - Development on Moreau Ct. – Toyo Seiko N. American Inc.

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City regulatory authority to withhold any approval or permit that may be needed from the City during the course of construction or any final approval or permit, including a certificate of occupancy, at the conclusion of construction in order for the Owner to occupy. (c) Owner shall bear the entire cost of installing a public sidewalk on the Property upon demand made by the City. (d) Any public sidewalk installed on the Property by Owner shall be in conformance with City standards. 3. Reporting Requirements. If the City believes that all of the conditions precedent to the Owner's obligation to install a public sidewalk on the Property under this Agreement have been fulfilled, it shall provide written notice of such to the Owner. 4. Dispute Resolution. The Owner and the City shall use their best efforts to amicably and diligently resolve every controversy, question, claim, or dispute between them that arises out of this Agreement. In the event that the parties cannot fully resolve the dispute, the parties agree to use non -binding mediation by a mutually acceptable mediator to resolve the dispute. 5. Governing Law. This Agreement shall be deemed entered into in Indiana and shall be subject to the internal laws of the State of Indiana and any applicable federal law. 6. Legal Costs. The parties agree and stipulate that each party shall bear its own costs, expenses and attorneys' fees in relation to this Agreement. 7. Miscellaneous Provisions. (a) Notice. Any notice required to be given pursuant to this Agreement shall be delivered to the appropriate party by Certified Mail Return Receipt Requested, or by overnight mail or courier service, to the following addresses: If to the Owner: Toyo Seiko North American Inc. 3507 N Olive Road South Bend, IN 46628 Attn: Larry Catanzarite If to the City: Page 2 of 6