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8. Repa ent. In the event the City requires repayment of the tax abatement savings as provided <br /> hereunder, it hall provide Applicant with a written statement calculating the amount due (the <br /> "Statement"), : d Applicant shall make such repayment to the City within one hundred twenty(120) <br /> days of the da e of the Statement. If the Applicant does not make timely repayment,the City shall be <br /> entitled to all easonable costs and attorneys' fees incurred in the enforcement of this Agreement and <br /> the collection f the tax abatement savings required to be repaid hereunder. <br /> 9. Modi`cation/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit <br /> A contain the entire understanding between the City and the Applicant with respect to the subject <br /> matter hereo and supersede all prior and contemporaneous agreements and understandings, <br /> inducements, • d conditions, expressed or implied, oral, or written, except as herein contained. This <br /> Agreement m.i not be modified or amended other than by an agreement in writing signed by the City <br /> and the Appli'ant. The Applicant understands that any and all filings required to be made or actions <br /> required to be aken to initiate or maintain the abatement are solely the responsibility of the Applicant. <br /> 10. Waive . Neither the failure nor any delay on the part of the City to exercise any right,remedy, <br /> power, or pri lege 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 <br /> same or of an other right,remedy,power,or privilege with respect to any occurrence or be construed <br /> as a waiver of uch right,remedy,power,or privilege with respect to any other occurrence. No waiver <br /> shall be effecti e unless it is in writing and is signed by the party asserted to have granted such waiver. <br /> 11. Notice All notices, requests, demands, and other communications required or permitted <br /> under this A u ement shall be in writing and shall be deemed to have been received when delivered by <br /> hand or by fac.imile (with confirmation by registered or certified mail) or on the third business day <br /> following the ailing,by registered or certified mail,postage prepaid,return receipt requested,thereof, <br /> addressed as s.t forth below: <br /> If to Applicant: Michigan Motorsports <br /> 255 Bell Road <br /> Niles, Michigan 49120 <br /> Attn: Dan Baber <br /> If to the City: City of South Bend, Indiana <br /> 215 S. Dr. Martin Luther King Jr. Boulevard <br /> Suite 500 <br /> South Bend, Indiana 46601 <br /> Attn: Executive Director of Community Investment <br /> 12. Gove i ng Laws of Indiana. This Agreement and all questions relating to its validity, <br /> interpretation, erformance,and enforcement shall be governed by the laws and decisions of the courts <br /> of the State of ndiana. <br /> 13. Applic. it's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the <br /> jurisdiction of e Courts of the State of Indiana and of the St.Joseph County Circuit or Superior Court <br /> in connection 'th any action or proceeding arising out of or relating to this Agreement or any <br /> 3 <br />