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No. 2394 approving a Development Agreement with Douglas Road Retail Partners L.P., Douglas Road Partners L.P. and the City of South Bend, Indiana and other related matters
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No. 2394 approving a Development Agreement with Douglas Road Retail Partners L.P., Douglas Road Partners L.P. and the City of South Bend, Indiana and other related matters
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7/27/2009 4:32:30 PM
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• <br />J. Arm's Length Transaction. This Agreement was negotiated by the parties at <br />arm's length and each of the parties hereto has reviewed the agreement after the opportunity to <br />consult with independent counsel. Neither party shall maintain that the language in the <br />Agreement shall be construed against any signatory hereto. <br />K. Interpretation. Words of any gender used in this Agreement shall be held and <br />construed to include any other gender, and words in the singular number shall be held to include <br />the plural, and vice versa, unless the context requires otherwise. <br />L. Counterpart Signature Pales. This Development Agreement may be executed <br />in duplicate or through counterparts, each of which shall be deemed to be an original and all of <br />which shall constitute but one and the same agreement. <br />M. Authorized Officials. The undersigned persons executing and delivering this <br />Agreement on behalf of each of the parties respectively represent and certify that they are the <br />duly authorized officers of each and have been fully empowered to execute and deliver this <br />Agreement and that all necessary corporate action has been taken and completed. <br />(remainder of page intentionally left blank) <br /> <br />14 <br />
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