Laserfiche WebLink
5.06 Severability. If any provision, covenant, agreement or portion of this Agreement or its <br /> application to any person, entity or property, is held invalid, such invalidity shall not affect the <br /> application or validity of any other provisions, covenants, agreements or portions of this <br /> Agreement and,to that end,any provisions,covenants, agreements or portions of this Agreement <br /> are declared to be severable. <br /> 5.07 Governing Law; Venue. This Agreement shall be construed in accordance with the laws <br /> of the State of Indiana, without giving effect to the principles of conflicts of laws, including but <br /> not limited to matters of construction, validity and performance. Each party hereto hereby <br /> irrevocably submits to the exclusive jurisdiction of the United States District Court, located in <br /> South Bend, Indiana over any suit, action or proceeding arising out of or relating to this <br /> Agreement or, in the absence of the minimum jurisdictional amount, the highest court of general <br /> jurisdiction of the State of Indiana located in St. Joseph County, Indiana. Each party hereby <br /> irrevocably waives to the fullest extent permitted by law, (i) any objection that they may now or <br /> hereafter have to the venue of any such suit, action or proceeding brought in any such court, or <br /> (ii) any claim that any such suit, action or proceeding has been brought in an inconvenient forum. <br /> Final judgment in any such suit, action or proceeding brought in any such court shall be <br /> conclusive and binding upon each party duly served with process therein and may be enforced in <br /> the courts of the jurisdiction of which either party or any of their property is subject, by a suit <br /> upon such judgment. <br /> 5.08 Notices. All notices and requests required pursuant to this Agreement shall be deemed <br /> sufficiently made if delivered,as follows: <br /> To LIPPERT: <br /> Shawn Lewis <br /> General Counsel <br /> Lippert Components Manufacturing,Inc. <br /> 3501 County Road 6 East <br /> Elkhart, IN 46514 <br /> To the Commission: <br /> South Bend Redevelopment Commission <br /> 1400 S City-County Building <br /> 227 West Jefferson Boulevard <br /> South Bend,Indiana 46601 <br /> or at such other addresses as the parties may indicate in writing to the other either by personal <br /> delivery, courier, or by registered mail, return receipt requested, with proof of delivery thereof. <br /> Mailed notices shall be deemed effective on the third day after mailing; all other notices shall be <br /> effective when delivered. <br /> 5.9 Counterparts. This Agreement may be executed in several counterparts, each of which <br /> shall be an original and all of which shall constitute but one and the same agreement. Signatures <br /> hereto may be evidenced by facsimile transmission or electronic mail in portable document <br /> format(PDF),the same of which shall be treated as originals. <br />