Laserfiche WebLink
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: <br />Hoosier Tank & Manufacturing, LLC <br />1710 N Sheridan St, <br />South Bend, IN 46628 <br />Attn: Nancy Miller <br />If to the City: <br />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 />