11-26 Ordinance Authorizing Payments in Lieu of Taxes (PILOT) for Heritage Trails South Bend, LP (Substitute)

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Notwithstanding the foregoing, each of the Recitals and the Exhibits referenced herein are incorporated and expressly made a part hereof. Section 5.3. Entire Agreement. This PILOT Agreement constitutes the entire agreement of the Parties with respect to the subject matter contained herein, and all prior discussions,negotiations, and document drafts are merged herein. Section 5.4. Notices. Any notice, demand, request, or other communication which any Party hereto may be required or may desire to give hereunder shall be in writing, addressed as follows and shall be deemed to have been properly given if hand delivered (effective upon delivery), if sent by reputable overnight courier, charges prepaid (effective the business day following delivery to such courier): If to Owner: Heritage Trails South Bend, LP 8902 North Meridian Street, Suite 205 Indianapolis, Indiana 46260 Attention: Cole Caress With a copy to: Ice Miller LLP One American Square, Suite 2900 Indianapolis, Indiana 46282 Attention: Katie Marschke If to City: City of South Bend, Indiana South Bend City Hall 215 S. Dr. Martin Luther King Jr. Blvd., Suite 500 South Bend, Indiana 46601 Atm: Executive Director, South Bend Department of Community Investment With a copy to: South Bend Legal Department 215 S. Dr. Martin Luther King Jr. Blvd., Suite 600 South Bend, Indiana 46601 Attn: Corporation Counsel Email: legaldept@southbendin.gov or at such other address as the Party to be served with notice may have furnished in writing to the Party seeking or desiring to serve notice as a place for the service of notice. Notices given in any other manner shall be deemed effective only upon receipt. Section 5.5. Modification, Amendment, or Waiver. No modification, waiver, amendment, discharge, or change of this PILOT Agreement shall be valid unless the same is in writing and signed by all Parties. 5