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(d) This First Amendment shall be binding upon and inure to the benefit of <br />the parties hereto and their respective heirs, legatees, representatives, successors, and <br />assigns. <br />(e) In case any one or more of the provisions (or any portion thereof) <br />contained herein shall, for any reason, be held to be invalid, illegal, or unenforceable in <br />any respect, such invalidity, illegality, or unenforceability shall not affect any other <br />provision of this First Amendment, but this First Amendment shall be construed as if <br />such invalid, illegal, or unenforceable provision or provisions (or portion thereof) had <br />never been contained herein. <br />(f) The headings contained in this First Amendment have been inserted and used <br />solely for ease of reference and shall not be considered in the interpretation or construction of <br />this First Amendment. <br />(g) Time is of the essence in the performance of all conditions hereunder of <br />which time is a factor. <br />(h) This First Amendment may be executed in any number of counterparts, <br />each of which shall be deemed an original, but all of which counterparts collectively shall <br />constitute one and the same instrument representing this First Amendment between the <br />parties. <br />IN WITNESS WHEREOF, South Bend and District have caused this First Amendment to <br />be effective as of the date first above written. <br />[SIGNATURE PAGE FOLLOWS] <br />