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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 /> 9. 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 /> 10. 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 /> 11. 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 under <br /> this Agreement shall be in writing and shall be deemed to have been received when delivered by hand <br /> or by facsimile(with confirmation by registered or certified mail)or on the third business day following <br /> the mailing,by registered or certified mail,postage prepaid,return receipt requested,thereof,addressed <br /> as set forth below: <br /> If to Applicant: Steel Warehouse Company,LLC <br /> 2722 Tucker Drive <br /> South Bend,Indiana 46619 <br /> Attn: Gerald Lerman,Vice President <br /> If to the City: City of South Bend,Indiana <br /> 227 W.Jefferson Boulevard, Suite 1400S <br /> South Bend,Indiana 46601 <br /> Attn: Executive Director of Community <br /> Investment <br /> 3 <br />