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To Owner: City of South Bend <br />1400S County -City Building <br />South Bend, Indiana 46601 <br />Attn: Debrah Jennings <br />Facsimile No.: (574) 235 -9021 <br />To DTSB: Downtown South Bend, Inc. <br />South Bend, Indiana 46601 <br />Facsimile No.: <br />Attention: <br />16. SOLICITATION OF DTSB'S EMPLOYEES <br />Owner agrees that during the term of this Agreement, and within one (1) year after the date of <br />final termination hereof, that it will not hire or solicit for hire, either directly or indirectly, any <br />person employed by DTSB at the Premises. <br />17. INTERMEDIARIES <br />Owner and DTSB each represent and warrant that they have not obligated the other to <br />compensate any agent, attorney, broker or finder or their intermediary in connection with the <br />negotiation, preparation or execution of this Agreement. <br />18. DESCRIPTIVE HEADINGS <br />The paragraph headings used herein are descriptive only and for the convenience of identifying <br />the provisions hereof and are not determinative of the meaning or effect of any of the provisions <br />of this Agreement. <br />19. ATTORNEY'S FEES <br />In the event legal action is brought to enforce this Agreement or any of its provisions, the <br />prevailing party shall be entitled to reasonable attorneys fees and costs. <br />20. ARBITRATION <br />Any dispute between the parties shall be settled by mediation under the commercial arbitration <br />rules established by the American Arbitration Association in South Bend, Indiana, upon the <br />demand of either party. <br />21. WAIVER OF SUBROGATION <br />Owner waives both for itself and on behalf of its respective insurers, all claims (and related <br />rights of subrogation) against DTSB, its agents, employees and affiliates, which could be <br />5 <br />