Laserfiche WebLink
To Grantee: South Bend Riverwalk Partners, LLC <br />c/o J.C. Hart Company, Inc. <br />805 City Center Drive, Suite 120 <br />Carmel, Indiana 46032 <br />Attention: John C. Hart, Jr. <br />Email: john@homeisjchart.com <br />With a copy to: Dinsmore & Shohl LLP <br />211 North Pennsylvania Street <br />One Indiana Square, Suite 1800 <br />Indianapolis, Indiana 46204 <br />Attention: E. Joseph Kremp <br />Email: Joe.Kremp@dismore.com. <br />Either Party may change its address for notice hereunder by notice to the other Party given as set <br />forth herein. <br />16. Extent of Liability. Notwithstanding any other provision contained in this <br />Agreement to the contrary, the Parties hereby expressly agree that the obligations and liability of <br />each of them shall be limited solely to such Party's interest in its respective tract, as such interest <br />is constituted from time to time. The Parties agree that any claim against a Party hereto shall be <br />confined to and satisfied only out of, and only to the extent of, such Party's interest in its tract, as <br />such interest is constituted from time to time. Nothing contained in this paragraph shall limit or <br />affect any right that a Party might otherwise have to seek or to obtain injunctive relief or to <br />specifically enforce the rights and agreements herein set forth, provided that such injunctive relief' <br />or specific performance does not involve the payment of money from a source other than such <br />Party's interest in its tract, as such interest may be constituted from time to time. <br />17. Insurance. Grantee hereby agrees to maintain comprehensive commercial general <br />liability insurance in commercially reasonable amounts, insuring against any and all claims for <br />bodily injury, death and/or property damage occurring on, in or about the Grantee Property as a <br />result of the exercise of the rights granted and reserved in this Agreement. The Parties <br />acknowledge and agree that Grantor is self -insured for general liability risk; additionally, <br />notwithstanding anything in this Agreement, Grantor does not waive any governmental immunity <br />or liability limitations available to it under Indiana law. <br />18. A livable Law. The term and provisions of this Agreement shall be governed by <br />and construed under the laws of the State of Indiana without regard to conflicts of law principles. <br />19. No Im lied Waiver. Except as herein expressly provided, no waiver by a party of <br />any breach of this Agreement shall be deemed to be a waiver of any other breach by the other party <br />and no acceptance of payment or performance by a party after any breach by the other party shall <br />be deemed to be wavier of any breach of this Agreement by such other party, whether or not the <br />first party knows of such breach at the time and accepts such payment or performance. No failure <br />6 <br />