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6C(2)
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08-28-14 Redevelopment Commisssion Meeting
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6C(2)
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Lease, and such declaration or holding shall in no way impair or affect the validity or <br /> enforceability of the remaining provisions of this Lease, which shall then be construed as if such <br /> invalid or unenforceable provision were omitted. <br /> 26. Controlling Law. This Lease and the rights and obligations of the parties hereto shall be <br /> governed and construed in accordance with the laws of the State of Indiana without giving effect to <br /> any choice or conflict of law provision or rule (whether of the State of Indiana or any other <br /> jurisdiction) that would cause the application of laws of any jurisdiction other than the State of <br /> Indiana. The parties hereto agree that the exclusive forum for any litigation or dispute related to, <br /> arising under or in connection with this Lease shall be in a court of competent jurisdiction located <br /> in South Bend, Indiana, and the parties hereby waive any claim to lack of personal jurisdiction <br /> thereof. <br /> 27. Successors and Assigns. Subject to Section 19, this Lease shall be binding upon, and <br /> inure to the benefit of, the parties hereto and their respective successors and permitted assigns. <br /> 28. Construction of this Lease. The parties have participated jointly in the negotiation and <br /> drafting of this Lease. If an ambiguity or question of intent or interpretation arises, this Lease <br /> shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall <br /> arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this <br /> Lease. Any reference to any federal, state, local, or foreign statute or law shall be deemed also to <br /> refer to all rules and regulations promulgated hereunder, unless the context requires otherwise. <br /> The headings of Sections and paragraphs in this Lease are for descriptive purposes only and shall <br /> not control, alter or otherwise affect the meaning, scope or intent of any provisions of this Lease. <br /> Except as expressly provided otherwise in this Lease, any reference to a Section or Schedule shall <br /> mean and refer to a Section or Schedule of this Lease. Except where the context of their use clearly <br /> requires a different interpretation, wherever they appear in this Lease: (i) singular terms shall <br /> include the plural, and masculine terms shall include the feminine or neuter, and vice versa, to the r' <br /> extent necessary to give the defined terms or other terms used in this Lease their proper <br /> meanings; (ii) the terms "herein," "hereof," "hereunder," "hereto," "hereinafter," "hereinbefore," <br /> and similar words shall mean and refer to this Lease in its entirety and not to any specific Section, <br /> Subsection, or paragraph of this Lease; and (iii) the word "including" shall mean "including, <br /> without limitation." The lease of the Equipment hereunder is for commercial purposes, and this <br /> Lease shall not be construed as a consumer contract. Time is of the essence with respect to this <br /> Lease. <br /> 29. Incorporation by Reference. The Recitals and the attached Exhibit A are hereby <br /> incorporated into this Lease by this reference. <br /> 30. Counterparts.This Lease may be executed in counterparts,in the original or by facsimile or <br /> other electronic means, including PDF, each of which when so executed shall be deemed an <br /> original, but all of such counterparts together shall constitute one and the same instrument. <br /> [signature page follows] <br /> 10 <br />
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