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If to Developer,to: Great Lakes Capital Development, LLC <br /> 112 W. Jefferson Blvd., Suite 200 <br /> South Bend, IN 46601 <br /> With a copy to: Richard J. Deahl <br /> Barnes& Thornburg LLP <br /> 100 North Michigan St., Suite 600 <br /> South Bend, IN 46601 <br /> 11. Brokerage Commission. Commission and Developer each warrant and represent <br /> that there are no finders or brokers entitled to fees or commissions which may be due from the <br /> introduction of the Commission and Developer and/or the purchase and sale of the Premises. <br /> 12. Miscellaneous. <br /> (a) Binding Effect and Assignment. This Agreement shall be binding upon <br /> and inure to the benefit of the Parties and to their respective successors and assigns. The rights <br /> and obligations contained in this Agreement may be assigned by Developer to another entity that <br /> is an affiliate of Developer without the consent of the Commission. <br /> (b) Amendment. This Agreement may only be amended or otherwise <br /> modified as may be agreed upon in writing by the Parties. <br /> (c) Headings and Captions. The several headings and captions of the Sections <br /> and Subsections used herein are for convenience or reference only and shall, in no way, be <br /> deemed to limit,define or restrict the substantive provisions of this Agreement. <br /> (d) Entire Agreement. This Agreement constitutes the entire agreement of <br /> Developer and Commission with respect to the purchase and sale of the Premises superseding <br /> any prior or contemporaneous agreement with respect thereto. No amendment or modification of <br /> this Agreement shall be binding upon the parties unless made in writing and signed by both <br /> Commission and Developer. <br /> (e) Severability. If any term, provision, covenant or restriction contained in <br /> this Agreement that is intended to be binding and enforceable is held by a court of competent <br /> jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, <br /> covenants and restrictions contained in this agreement shall remain in full force and effect and <br /> shall in no way be affected, impaired or invalidated. <br /> (f) Governing Law. This Agreement and the rights of the parties hereunder <br /> shall be governed by and construed in accordance with the laws of the State of Indiana. <br /> -5- <br />