MOU - Urban Trail Connects DTSB to UDU - UND du Lac & VSB Inc.

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a) The Parties will coordinate public communication concerning the project contemplated under this Agreement. To the extent possible, each party shall provide notice and advance copy of press releases or public statements to the public relations office of the other parties in advance of public release. b) The Parties shall mutually agree upon the initial design concepts and scope of the Project prior to the City proceeding with final engineering design and bid documents. The Parties shall also agree on the naming of the trail before substantial completion of construction. c) In the event that the public bid for the Project comes in under the estimated budget of $11,500,000 the three Parties will share equally in the reduced amount. By way of example, if the total bid price equals $11,200,000.00, the City shall be obligated to contribute $4,400,000.00, whereas Notre Dame and VSB shall be obligated to contribute $3,400,000 respectively. Should the project not commence by June 15, 2024, any funds remitted by the Parties shall be returned within 30 business days. d) This Agreement may be modified only by the written mutual consent of the authorized representative of the Parties. e) This Agreement shall be construed and governed according to the laws of the State of Indiana, and any disputes arising hereunder that cannot be resolved amicably as set forth herein shall be resolved exclusively in the State or Federal Courts seated in St. Joseph County, Indiana. fl In the event of any litigation, mediation, or arbitration among the Parties regarding an alleged breach of this Agreement, no party shall be entitled to any award of attorney's fees. g) Each undersigned person executing and delivering this Agreement on behalf of a party represents and certifies that he or she is the duly authorized officer or representative of such party, that he or she has been fully empowered to execute and deliver this Agreement on behalf of such party, and that all necessary action to execute and deliver this Agreement has been taken by such party. h) Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the Parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this Agreement or any term, covenant, or condition hereof, as third -party beneficiaries or otherwise, and all of the terms, covenants, and conditions hereof shall be for the 4