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3 <br />and/or requiring repayment of tax benefits. The Applicant shall be entitled to appeal that determination <br />to a St. Joseph County Superior or Circuit Court. <br />8. Repayment. In the event the City requires repayment of the tax abatement savings as provided <br />hereunder, it shall provide Applicant with a written statement calculating the amount due (the <br />“Statement”), and Applicant shall make such repayment to the City within one hundred twenty (120) <br />days of the date of the Statement. If the Applicant does not make timely repayment, the City shall be <br />entitled to all reasonable costs and attorneys’ fees incurred in the enforcement of this Agreement and <br />the collection of the tax abatement savings required to be repaid hereunder. <br />9. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit <br />A contain the entire understanding between the City and the Applicant with respect to the subject <br />matter hereof, and supersede all prior and contemporaneous agreements and understandings, <br />inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This <br />Agreement may not be modified or amended other than by an agreement in writing signed by the City <br />and the Applicant. The Applicant understands that any and all filings required to be made or actions <br />required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicant. <br />10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right, remedy, <br />power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or <br />partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the <br />same or of any other right, remedy, power, or privilege with respect to any occurrence or be construed <br />as a waiver of such right, remedy, power, or privilege with respect to any other occurrence. No waiver <br />shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. <br />11. Governing Laws of Indiana. This Agreement and all questions relating to its validity, <br />interpretation, performance, and enforcement shall be governed by the laws and decisions of the courts <br />of the State of Indiana. <br />12. Applicant’s Consent to Jurisdiction. The Applicant hereby irrevocably consents to the <br />jurisdiction of the Courts of the State of Indiana and of the St. Joseph County Circuit or Superior Court <br />in connection with any action or proceeding arising out of or relating to this Agreement or any <br />documents or instrument delivered with respect to any of the obligations hereunder, and any action <br />related to this Agreement shall be brought in such County and in such Court. <br />12. Notices. All notices, requests, demands, and other communications required or permitted <br />under this Agreement shall be in writing and shall be deemed to have been received when delivered by <br />hand or by facsimile (with confirmation by registered or certified mail) or on the third business day <br />following the mailing, by registered or certified mail, postage prepaid, return receipt requested, thereof, <br />addressed as set forth below: