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person shall have the right to employ separate counsel in any such action and to participate in the <br />defense thereof, but the fees and expenses of such counsel shall be at the expense of the <br />Underwriters or such controlling person or persons unless the employment, and payment by the <br />Issuer, of such counsel has been specifically authorized by the Issuer or unless, in the opinion of <br />counsel to the Underwriters, the Underwriters have a defense or defenses not available to the Issuer. <br />Section 11. Survival of Representations and Agreements. All representations, warranties and <br />agreements of the Issuer shall remain operative and in full force and effect, regardless of any <br />investigation made by or on behalf of the Underwriters or any person or persons who controls the <br />Underwriters, and shall survive delivery of the Bonds to the Underwriters. <br />Section 12. Notices. Any notice or other communication to be given to the Issuer under this <br />Contract may be given by delivering the same in writing to such party's address set forth above, and <br />any notice or other communication to be given to the Underwriters under this Contract may be given <br />by delivering the same in writing to First Chicago Capital Markets, Inc., One First National Plaza, <br />Mail Suite 0826, Chicago, Illinois 60670 -0826, Attention: Public Finance Department. <br />Section 13. Parties in Interest. This Contract is made solely for the benefit of the Issuer and <br />the Underwriters (including the successors or assigns of the Underwriters) and no other person shall <br />acquire or have any right hereunder or by virtue hereof. <br />Section 14. Governing Law. This Contract shall be governed by the laws of the State of <br />Indiana. <br />• Section 15. Counterparts. This Contract may be executed in any number of counterparts, <br />each of which shall be deemed an original but all of which taken together shall constitute one and <br />the same agreement. <br />Very truly yours, <br />FIRST CHICAGO CAPITAL MARKETS, INC., <br />as Representative of the Underwriters <br />By: <br />John A. Sejdinaj, Vice President <br />Accepted May _, 1994 <br />SOUTH BEND REDEVELOPMENT AUTHORITY <br />By: <br />of <br />isthe South Bend Redevelopment Authority <br />-10- <br />