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5A2 License Agrmnt. for Temp. Use 332 W. Jefferson (Historic Hearthstone LLC) - Signed
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5A2 License Agrmnt. for Temp. Use 332 W. Jefferson (Historic Hearthstone LLC) - Signed
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5/22/2025 11:30:05 AM
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Dept of Community Investment
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11. Assignment. The Developer may not assign this Agreement or the License granted herein <br />to any other person or party without the Commission’s prior written consent. Any attempt by the <br />Developer to assign or otherwise convey any interest in this Agreement will be void and of no force or <br />effect unless the Developer first obtains the Commission’s written consent. <br />12.Notices. Any notices required under this Agreement may be provided (a) by hand-delivery <br />(which will be deemed delivered at the time of receipt) or (b) by registered or certified mail, return receipt <br />requested (which will be deemed delivered three (3) days after mailing), to each Party’s respective address <br />and the representatives stated below. <br />Commission: Executive Director <br />City of South Bend, Indiana <br />1400 S. County-City Building <br />227 W. Jefferson Blvd. <br />South Bend, IN 46601 <br />With a copy to: South Bend Legal Department <br />1200 S County-City Building <br />227 W. Jefferson Blvd. <br />South Bend, IN 46601 <br />Attn. Corporation Counsel <br /> Developer: Historic Hearthstone LLC <br />615 W. Colfax Ave <br />South Bend, IN 46601 <br /> Attn: Regina Emberton <br />r.emberton@outlook.com <br />Either Party may change its address for notice hereunder by notice to the other Party given as set forth <br />herein. <br />13.Entire Agreement; Amendment. This Agreement embodies the entire agreement between <br />the Commission and the Developer related to the Developer’s future use of the Commission Property and <br />supersedes all prior discussions, understandings, or agreements, whether written or oral, between the <br />Commission (or any representative of the Commission) and the Developer concerning the same. This <br />Agreement may be amended only by separate writing, signed by the Commission and the Developer. <br />14.Waiver. Neither the failure nor any delay on the part of a Party to exercise any right, <br />remedy, 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 same <br />or of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege <br />with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with <br />respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the <br />Party asserted to have granted such waiver. <br />15.Governing Law. This Agreement will be governed by and construed in accordance with <br />the laws of the State of Indiana.
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