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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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ARTICLE V. GENERAL PROVISIONS <br /> 5.01 No Joint Venture or Partnership. Nothing contained in this Agreement shall be <br /> construed as creating either a joint venture or partnership relationship among the Commission and <br /> the University. <br /> 5.02 Time of Essence. Time is of the essence of this Agreement. The parties shall make <br /> every reasonable effort to expedite the subject matters hereof (subject to any time limitations <br /> described herein) and acknowledge that the successful performance of this Agreement requires <br /> their continued cooperation. <br /> 5.03 Breach. Before any failure of any party of this Agreement to perform its obligations <br /> under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such <br /> failure shall notify, in writing, the party alleged to have failed to perform such obligation and shall <br /> demand performance. No breach of this Agreement may be found to have occurred if performance <br /> has commenced to the reasonable satisfaction of the complaining party within thirty (30) days of <br /> the receipt of such notice. If after said notice, the breaching party fails to cure the breach, the <br /> non-breaching party may seek any remedy available at law or equity, including the remedy of <br /> specific performance. <br /> Ii <br /> 5.04 Amendment. This Agreement, and any exhibits attached hereto, may be amended <br /> only by the mutual consent of the parties and by the execution of said amendment by the parties or <br /> their successors in interest. <br /> 5.05 No Other Agreement. Except as otherwise expressly provided herein, this <br /> Agreement supersedes all prior agreements, negotiations and discussions relative to the subject <br /> matter hereof and is a full integration of the agreement of the parties. <br /> 5.06 Severability. If any provision, covenant, agreement or portion of this Agreement or <br /> its 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 <br /> laws of the State of Indiana, without giving effect to the principles of conflicts of laws, including <br /> but not limited to matters of construction, validity and performance. The parties hereto agree that <br /> the exclusive forum for any litigation or dispute related to, arising under or in connection with this <br /> Lease shall be in a court of competent jurisdiction located in South Bend, and the parties hereby <br /> waive any claim to lack of personal jurisdiction thereof. Each party hereby irrevocably waives to <br /> the fullest extent permitted by law, (i) any objection that they may now or hereafter have to the <br /> venue of any such suit, action or proceeding brought in any such court, or (ii) any claim that any <br /> such suit, action or proceeding has been brought in an inconvenient forum. Final judgment in any <br /> such suit, action or proceeding brought in any such court shall be conclusive and binding upon <br /> each party duly served with process therein and may be enforced in the courts of the jurisdiction of <br /> which either party or any of their property is subject, by a suit upon such judgment. <br /> 5 <br /> I <br />
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