Laserfiche WebLink
4 <br />If to Applicant: The Nexus Center, LLC <br />3607 S Main St, <br />South Bend, IN 46614 <br /> <br />Attn: Pastor David Buggs <br /> <br />If to the City: City of South Bend, Indiana <br />227 W. Jefferson Boulevard, Suite 1400S <br />South Bend, Indiana 46601 <br /> <br />Attn: Executive Director of Community <br />Investment <br /> <br />13. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the <br />benefit of the City and the Applicant and their successors and assigns, except (a) that no party may <br />assign or transfer its rights or obligations under this Agreement without the prior written consent of <br />the other party hereto, in which consent shall not be unreasonably withheld, and (b) Applicant may <br />assign and transfer its rights under this Agreement to the Permitted Assign without prior written <br />consent. “Permitted Assign” means the affiliated single purpose entity created for purposes of <br />designing, constructing, owning, operating, and maintaining the project which is the subject of this <br />Agreement. <br />14. Valid and Binding Agreement. This Agreement may be executed in any number of <br />counterparts, each of which shall be deemed to be an original as against any party whose signature <br />appears thereon, and all of which shall together constitute one and the same instrument. By executing <br />this Agreement, each person so executing affirms that he has been duly authorized to execute this <br />Agreement on behalf of such party and that this Agreement constitutes a valid and binding obligation <br />of the party. <br />15. Severability. The provisions of this Agreement and of each section or other subdivision herein <br />are independent of and separable from each other, and no provision shall be affected or rendered invalid <br />or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or <br />unenforceable in whole or in part unless this Agreement is rendered totally unenforceable thereby. <br />16. No Personal Liability. No official, director, officer, employee, or agent of the City shall be <br />charged personally by the Applicant, its employees, or its agents with any liabilities or expenses of <br />defense or be held personally liable to the Applicant under any term or provision of this Agreement or <br />because of the execution by such party of this Agreement or because of any default by such party <br />hereunder. <br />[Signature Page Follows]