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No. 2369 approving a counter offer from and a contract of purchase and sale with Key S.B. LLC and other related matters
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No. 2369 approving a counter offer from and a contract of purchase and sale with Key S.B. LLC and other related matters
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8/12/2009 12:20:46 PM
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8/12/2009 12:17:43 PM
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• <br />under this Lease are likely to be complex and they desires to streamline and minimize the cost of <br />resolving disputes. In any legal proceeding, each party irrevocably waives the right to trial by <br />jury in any action, counterclaim, dispute or proceeding based upon, or related to the subject <br />matter of this Lease based upon, or related to the subject matter of this Agreement. This waiver <br />applies to all claims against all parties to such actions and proceedings. This waiver is <br />knowingly, intentionally, and voluntarily made by both parties. <br />17. Attorneys' Fees. In the event of litigation, mediation or arbitration <br />between the parties regarding an alleged breach of this Lease, neither party shall be entitled to <br />any award of attorneys' fees. <br />18. Recording. A Memorandum of Lease may be recorded in the Office of <br />the St. Joseph County Recorder subsequent to its execution in such form as reasonable approved <br />between the parties. <br />19. Governing Law. This Lease shall be interpreted and enforced according <br />to the laws of the State of Indiana. <br />20. No Third-Party Beneficiaries. Nothing in this Lease, express or implied, <br />is intended or shall be construed to confer upon any person, firm, or corporation other than the <br />parties hereto and their respective successors or assigns, any remedy or claim under or by reason <br />of this Lease or any term, covenant, or condition hereof, as third-party beneficiaries or otherwise, <br />and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit <br />of the parties herein. <br />21. Entirety of Agreement. This Lease embodies the entire agreement <br />between the parties and cannot be varied except by the written agreement of the parties. No <br />representation, promise, or inducement not included in this Lease shall be binding upon the <br />parties hereto. The obligations in this Lease shall not be effective until the Commencement <br />Date. <br />22. Arm's Length Transaction. This Lease was negotiated by the parties at <br />arm's length and each of the parties hereto has reviewed the Lease after the opportunity to <br />consult with independent counsel. Neither party shall maintain that the language in the Lease <br />shall be construed against any signatory hereto. <br /> <br />-9- <br />
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