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(b) the Owner executing and recording the Extended Use Agreement providing for a <br /> term of at least (_J years. <br /> Section 5.2. Captions; Incorporation and Exhibit. The captions and headings of <br /> various Sections and Exhibits referenced herein are for convenience only and are not to be <br /> considered as defining or limiting in any way the scope or intent of the provisions hereof. <br /> Notwithstanding the foregoing, each of the Recitals and the Exhibits referenced herein are <br /> incorporated and expressly made a part hereof. <br /> Section 5.3. Entire Agreement. This PILOT Agreement constitutes the entire <br /> agreement of the Parties with respect to the subject matter contained herein, and all prior <br /> discussions, negotiations, and document drafts are merged herein. <br /> Section 5.4. Notices. Any notice, demand, request, or other communication which any <br /> Party hereto may be required or may desire to give hereunder shall be in writing, addressed as <br /> follows and shall be deemed to have been properly given if hand delivered (effective upon <br /> delivery), if sent by reputable overnight courier, charges prepaid (effective the business day <br /> following delivery to such courier): <br /> If to Owner: Heritage Trails South Bend, LP <br /> 8902 North Meridian Street, Suite 205 <br /> Indianapolis, Indiana 46260 <br /> Attention: Cole Caress <br /> [With a copy to: TBD] <br /> If to City: City of South Bend, Indiana <br /> South Bend City Hall <br /> 215 S. Dr. Martin Luther King Jr. Blvd., Suite 500 <br /> South Bend, Indiana 46601 <br /> Attn: Executive Director, South Bend Department of Community <br /> Investment <br /> With a copy to: South Bend Legal Department <br /> 215 S. Dr. Martin Luther King Jr. Blvd., Suite 600 <br /> South Bend, Indiana 46601 <br /> Attn: Corporation Counsel <br /> Email: legaldept@southbendin.gov <br /> or at such other address as the Party to be served with notice may have furnished in writing <br /> to the Party seeking or desiring to serve notice as a place for the service of notice. Notices given <br /> in any other manner shall be deemed effective only upon receipt. <br /> 5 <br />