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recognize the duty of each party to act in good faith and with fair dealings when effectuating the intent of this Agreement. 3. The City and FREG intend that this Agreement shall bind every person having any fee, leasehold, or other interest therein, and shall inure to the burden or benefit of each parcel referenced herein, the owner of each such parcel and their respective successors, assigns, heirs, and personal representatives. 4. This Agreement, as well as any instrument releasing or terminating this Agreement, shall be duly recorded in the Office of the Recorder of St. Joseph County, Indiana. 5. This Agreement shall be governed and construed in accordance with the laws of the State of Indiana without reference to its conflict of laws principles. [Signature Pages Follow] 2