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1312 East Wayne Street South_AA 2026-0806
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1312 East Wayne Street South_AA 2026-0806
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Last modified
8/20/2026 1:45:59 PM
Creation date
8/20/2026 1:44:58 PM
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South Bend HPC
HPC Street Address
1312 East Wayne Street South
HPC Document Type
Certification
HPC Local Historic District
viii. East Wayne Street
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Page 6 of 6 <br />14. Termination. This Agreement may be termi nated by Contractor in the event of any of the <br />following: (a) Owner fai ls to make any payment hereunder; or (b) Owner fails to ful fill any <br />obli gati on hereunder. In the event of termination, Contractor is enti tled to all costs incurred up <br />to the time of terminati on incl uding any de-mobilization, equi pment charges, re-stocki ng fees, <br />and, if applicable, material charges for speciall y manufactured goods . Contrac tor delivers <br />materi al to Owner in anti cipati on of payment. If Owner fails to make any payment requi red by <br />this Agreement, Contractor shall have the right to remove all materials from the Si te previousl y <br />delivered regardl es s of whether the material has been i nstalled or modified in any respect. In <br />addition to the foregoing, Contractor shal l have the ri ght to termi nate thi s Agreement wi thout <br />cause and without prior notice to Owner. In the event of a termi nation without c ause by <br />Contractor, Owner shall have no further obli gations to Contractor. <br />15. Dis pute Resolution. Any claim, dispute or other matter in question between Owner and <br />Contractor shall be resol ved through arbitration before a singl e arbitrator in accordance with the <br />Constructi on Industry Arbitration Rules of the American Arbitration Association then i n effec t. <br />The award of the arbitrator shall be final and binding upon the parties wi thout the right of <br />appeal to the courts. Judgment may be entered upon it i n accordanc e wi th applicabl e law by any <br />court having jurisdiction thereof. The foregoi ng notwiths tanding, Contractor shal l have the right <br />to enforce any mec hanics lien or seek required injunctive reli ef in a Court of competent <br />jurisdiction without waiving this agreement to arbitrate. Shoul d court intervention be required <br />to enforce this agreement to arbitrate, the prevaili ng party shall rec over al l attorney fees incurred <br />in the process of enforc ing such agreement. <br />16. Jointly Drafted. The parties expressl y agree that thi s Agreement was jointly drafted, and that <br />they both had opportunity to negotiate its terms and to obtain the as sis tance of counsel in <br />reviewing its terms pri or to execution. Therefore, thi s Agreement shall be construed neither <br />against nor i n favor of either party, but shall be construed i n a neutral manner. <br />17. Entire Agreement. These Terms and Conditi ons and the Quote form the compl ete and full <br />agreement between the parties and there exist no other agreements or understandings, whether <br />verbal or written. <br />IN WITNESS WHEREOF, the parties have hereunto set their hands and seal s, <br />Si gned on: 08/05/2026 <br />Smi th Custom Fence <br />Si gned on: 08/05/2026 <br />Kate Simeri
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