Maintenance & Temporary Construction Easement Agreement - SB Riverwalk Partners, LLC - Signed

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the defaulting Party written notice of such alleged default or non-performance and the defaulting Party has failed to cure the same within thirty (30) days after the receipt of such notice, provided that if the breach or non-performance is of the type that would reasonably take more than thirty (30) days to cure, such defaulting Party shall not be considered in breach or default of this Agreement if it commences cure within said thirty (30) day period and diligently and in good faith completes such cure within a reasonable time thereafter. Any such cure by a defaulting Party shall not relieve it of responsibility for payment of any loss or expense incurred by the non -defaulting Party. No waiver by either Party of any default under this Agreement shall be effective or binding upon such Party unless made in writing. No waiver of any default shall be deemed a waiver of any other or subsequent default hereunder. 12. Unenforceable Provisions. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws effective during the term of this Agreement, then the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable provision, there shall be added automatically as a part of this Agreement a provision as similar in terms to such illegal, invalid or unenforceable provision as may be possible and which shall be legal, valid and enforceable. 13. Counterparts. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. 14. Lien Suliordi.nation. Any mortgage, deed of trust, ground lease, or other lease now existing or hereafter granted or entered into affecting the Grantor Property or Grantee Property shall be subject to, subordinate and inferior to the easement, rights, benefits, and obligations created hereby, and the foreclosure under any such mortgage shall not extinguish or impair the easement, rights, benefits, and obligations created by this Agreement. 15. Notice. All notices, demands, or other communications of any type given pursuant to this Agreement shall be in writing and shall be delivered to the person to whom the notice is directed, either: (i) in person with a receipt requested therefor; or (ii) sent by a recognized overnight service for next day delivery or by United States certified mail, return receipt requested, postage prepaid to the addresses; or (iii) by electronic mail with as follows: To Grantor: South Bend Redevelopment Authority 1400S County City Building South Bend, Indiana 46601 Attention: Executive Director of Community Investment Email: cbauer(c�southbendin.gov With a copy to: City of South Bend 227 W. Jefferson Boulevard, Suite 1200S South Bend, Indiana 46601 Attention: Legal Department Email: legaldept(;southbendin.gov