Creating an Industrial Development Fund

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10. This agreement, together with the schedule of construction incorporated herein under the provisions of paragraph 1(F), the Board. of Public Works Improvement Resolution incorporated herein under the provisions of paragraph 2, the "Agreement Between the City of South Bend, Indiana, and St. Joseph County, Indiana, for Construction and Maintenance of Maple Road," incorporated herein under the provisions of paragraph 3, and the Critical Path Schedule incorporated herein under the provisions of paragraph 5(A), contains the sole and entire agreement and understanding of the parties. There are no repre- sentations, agreements, arrangements or undertakings, oral or written, between the parties concerning this matter which are not fully expressed or incorporated herein. 11. The City and New Energy and their respective successors and assigns shall take any and all further actions and execute and deliver such additional documents as may be reasonably required to more fully assure and carry out the provisions of this agreement. 12. This agreement shall not be changed by subsequent City or Common Council action except by a written amendment entered into by all the parties. 13. In the event that either party hereto shall institute any action or proceedings against the other party relating to the pro- visions of this agreement or any default hereunder, the unsuccessful litigant in such action or proceedings shall reimburse the success- ful litigant for expenses and attorneys' fees, including those attributable to the services of the City of South Bend City Attorney's Office, incurred by the successful litigant. 14. This agreement shall be performed in accordance with, and only to the extent permitted by, all applicable laws, ordinances and rules and regulations. If any provisions of the agreement are invalid, the remainder shall not be affected. -10-