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10-16-14 Redevelopment Commission Meeting
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ARTICLE XII-ASSIGNMENT AND SUBLETTING <br /> SECTION 12.1. TENANT MAY NOT ASSIGN OR SUBLET. Tenant may not assign or transfer this Lease or sublet the Premises,or <br /> any part or parts thereof,to any person or party,including Tenant's member organizations,either by Tenant's act, involuntarily or by <br /> operation of law. Landlord may assign this Lease without any consent or permission by Tenant. <br /> ARTICLE XIII—MISCELLANEOUS <br /> SECTION 13.1. NOTICES. Whenever under this Lease a provision is made for notice of any kind,such notice shall be in writing <br /> and signed by or on behalf of the party giving or making the same,and it shall be deemed sufficient notice and service thereof if such <br /> notice is to Tenant and sent by certified mail,return receipt requested,postage prepaid,to the Premises or to the last post office address <br /> of Tenant furnished to Landlord for such purpose; and if to Landlord, sent by certified mail, postage prepaid, to 1400 S County-City <br /> Building,227 W.Jefferson Blvd.,South Bend, Indiana 46601,or such other address as Tenant shall be notified to send notices. <br /> SECTION 13.2. HOLDING OVER. In the event Tenant remains in possession of the Premises,and with the consent of Landlord, <br /> after the expiration of the tenancy created hereunder,and without the execution of a new lease or an extension of this Lease,Tenant <br /> shall be deemed to be occupying the Building and Premises as a tenant from month-to-month at one and one-half times the monthly Rent <br /> due and payable at the end of the Lease Term or Renewal Term,provided that Tenant shall also pay recomputed CAM as determined by <br /> the provisions of this Lease and subject to all the other conditions, provisions and obligations of this Lease insofar as the same are <br /> applicable to a month-to-month tenancy. <br /> SECTION 13.3. REMEDIES CUMULATIVE—NO WAIVER. The various rights and remedies herein contained and reserved to each <br /> of the parties shall not be considered as exclusive of any other right or remedy of such party,but shall be construed as cumulative and <br /> shall be in addition to every other remedy now or hereafter existing at law,in equity,or by statute,and said rights and remedies may be <br /> exercised and enforced concurrently and whenever and as often as occasion therefore arises. No delay or omission of the right to <br /> exercise any power by either party shall impair any such right or power, nor shall be construed as a waiver of any default or as <br /> acquiescence therein. One or more waivers of any covenant,term or condition of this Lease by either party shall not be construed by the <br /> other party as a waiver of a subsequent or continuing breach of the same covenant,term or condition. The consent or approval by either <br /> party to or of any act by the other party of a nature requiring consent or approval shall not be deemed to waive or render unnecessary <br /> consent to or approval of any subsequent similar act. Tenant waives the application of valuation and appraisement laws. <br /> SECTION 13.4. GOVERNING LAW. The laws of the State of Indiana shall govern the validity,performance and enforcement of <br /> this Lease and any action to enforce any of the terms of this Lease shall be brought in the State Courts situated in St.Joseph County, <br /> Indiana. The invalidity or unenforceability of any provision of this Lease shall not affect or impair any other provision of this Lease. <br /> SECTION 13.5. COMPLETE AGREEMENT. The headings of the several Articles and Sections contained herein are for convenience <br /> only and do not define,limit or construe the contents of such Articles and Sections. All negotiations,considerations,representations and <br /> understandings between the parties are deemed incorporated herein, and may be modified or altered only by agreement in writing <br /> signed by the party to be bound. This agreement may be signed in multiple counterparts,each of which shall be considered an original. <br /> SECTION 13.6. ACCORD AND SATISFACTION. No payment by Tenant or acceptance by Landlord of a lesser amount than the . <br /> monthly Rent and CAM herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent and CAM due,nor <br /> shall any endorsement or statement on any check or any letter accompanying any check or payment as payment of Rent or CAM be <br /> deemed an accord and satisfaction,and Landlord may accept such check or payment without prejudice to Landlord's right to recover the <br /> balance of such Rent or CAM due or pursue any other remedy in this Lease provided. <br /> SECTION 13.7. BINDING EFFECT. This Lease and all of the covenants,terms and conditions thereof and herein contained shall <br /> inure to the benefit of and be binding upon the personal representatives,successors and assigns of the parties hereto,provided,however, <br /> that no assignment by,from or through Tenant in violation of this Lease shall vest in the assignees any right,title or interest. <br /> -9- <br />
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