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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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Bill No. 49-23 Revenue Bonds Authorizing the Acquisition & Construction of the Municipal Waterworks
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8/24/2023 3:30:14 PM
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8/23/2023 4:16:42 PM
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Participant, and all of which shall be regarded for all purposes as one original and shall constitute <br />one and the same instrument. <br />Section 5.07. Severability of Invalid Provisions. If any one or more of the covenants or <br />agreements provided in this Agreement on the part of the Finance Authority or the Participant to <br />be performed shall be deemed by a court of competent jurisdiction to be contrary to law or cause <br />the Bonds to be invalid as determined by a court of competent jurisdiction,then such covenant or <br />covenants or agreement or agreements shall be deemed severable from the remaining covenants <br />and agreements and waived and shall in no way affect the validity of the other provisions of this <br />Agreement. <br />Section 5.08. Notices. All notices hereunder shall be sufficiently given for all purposes <br />hereunder if in writing and delivered personally or sent or transmitted to the appropriate destination <br />as set forth below in the manner provided for herein. Notice to the Finance Authority shall be <br />addressed to: <br />Indiana Finance Authority <br />SRF Programs <br />100 North Senate, Room 1275 <br />Indianapolis, Indiana 46204 <br />Attention: Director of Environmental Programs <br />or at such other address(es)or number(s)and to the attention of such other person(s)as the Finance <br />Authority may designate by notice to the Participant. Notices to the Participant shall be addressed <br />to: <br />City of South Bend <br />City-County Building <br />227 W.Jefferson Boulevard <br />South Bend, Indiana 46601 <br />Attention: Controller <br />or at such other address(es) or number(s) and to the attention of such other person(s) as the <br />Participant may designate by notice to the Finance Authority. Any notice hereunder shall be <br />deemed to have been served or given as of(a)the date such notice is personally delivered,(b)three <br />3) Business Days after it is mailed U.S. mail, First Class postage prepaid, (c) one (1) Business <br />Day after it is sent on such terms by Federal Express or similar next-day courier, or (d)the same <br />day as it is sent by facsimile transmission with telephonic confirmation of receipt by the person to <br />whom it is sent. <br />B-22
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