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<br />6 <br /> <br />12. NOTICES <br /> <br />All notices required or allowed by this Agreement, before or after Closing, shall be <br />delivered in person or by certified mail, return receipt requested, postage prepaid, <br />addressed to the Owner in care of the Owner’s Representative, or to the Commission in <br />care of the Commission’s Representative (with a copy to South Bend Legal Department, <br />215 S Dr. Martin Luther King Jr. Blvd, Suite 600, South Bend, IN 46601, Attn: Corporation <br />Counsel) at the respective addresses stated in Section 1 above. Either Party may, by written <br />notice, modify the address for future notices to such Party. <br /> <br />13. REMEDIES <br /> <br />Upon any default in or breach of this Agreement by either Party, the defaulting Party will <br />proceed immediately to cure or remedy such default within thirty (30) days after receipt of <br />written notice of such default or breach from the non-defaulting Party, or, if the nature of <br />the default or breach is such that it cannot be cured within thirty (30) days, the defaulting <br />Party will diligently pursue and prosecute to completion an appropriate cure within a <br />reasonable time. In the event of a default or breach that remains uncured for longer than <br />the period stated in the foregoing sentence, the non-defaulting Party may terminate this <br />Agreement, commence legal proceedings, including an action for specific performance, or <br />pursue any other remedy available at law or in equity. All the Parties’ respective rights <br />and remedies concerning this Agreement and the Property are cumulative. <br /> <br />14. DISPUTE RESOLUTION; WAIVER OF JURY TRIAL <br /> <br />Any action to enforce the terms or conditions of this Agreement or otherwise concerning a <br />dispute under this Agreement will be commenced in the courts of St. Joseph County, <br />Indiana, unless the Parties mutually agree to an alternative method of dispute resolution. <br />The Parties acknowledge that disputes arising under this Agreement are likely complex <br />and they desire to streamline and minimize the cost of resolving such disputes. In any legal <br />proceeding, each Party irrevocably waives the right to trial by jury in any action, <br />counterclaim, dispute, or proceeding based upon, or related to, the subject matter of this <br />Agreement. This waiver applies to all claims against all parties to such actions and <br />proceedings. This waiver is knowingly, intentionally, and voluntarily made by both <br />Parties. <br /> <br />15. INDEMNITY <br />The Parties agree to reimburse each other for any and all liabilities, claims, penalties, <br />forfeitures, suits, and the costs and expenses incident thereto (including costs of defense <br />and settlement), which either party may subsequently incur, become responsible for, or pay <br />out as a result of a breach by the other party in default of this Agreement. In the event of <br />legal action initiated by a third party as a result of a breach of this Agreement, the breaching <br />party shall assume the defense of the non-breaching party, including all costs associated <br />therewith.