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6B (1)
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12-13-11 Packet
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6B (1)
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Improvements, or against the Team by reason of its operations at the Stadium or use of the <br />Stadium Improvements (or any tax based upon the amount of compensation payable under <br />Section 8.01 of this Stadium Agreement), by any local governmental entity, then such Additional <br />Charges shall be paid by the City or the Park Board. If deemed necessary by the Team, the <br />Team shall be entitled, in its discretion, to deduct any amount of Additional Charges not paid by <br />the City or by the Park Board from its payments to the Park Board pursuant to any provision of <br />this Stadium Agreement, including Section 8.01 hereof. <br />Section 24.07 SEVERABILITY. If any one or more of the provisions contained in this <br />Stadium Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any <br />respect, and if such holding does not affect the ability of the Team to perform and have access to <br />the Stadium as provided for herein, such invalidity, illegality or unenforceability shall not affect <br />any other provision hereof, and this Stadium Agreement shall be construed as if such invalid, <br />illegal or unenforceable provision was not contained herein. <br />Section 24.08 NOTICES AND ADDRESSES. All notices required to be given under <br />this Stadium Agreement shall be given by certified or registered mail, addressed to the proper <br />party to the following addresses, or at such other address as may be subsequently given pursuant <br />to this Section and shall be deemed given when deposited in the U.S. mails, postage prepaid: <br />BOARD OF PARK COMMISSIONERS <br />Phil St. Clair, Superintendent <br />321 East Walter Street <br />South Bend, Indiana 46614 <br />CITY OF SOUTH BEND <br />REDEVELOPMENT COMMISSION <br />Don Inks, Director of Economic Development <br />227 West Jefferson Boulevard, 121h Floor <br />South Bend, Indiana 46601 <br />SOUTH BEND PROFESSIONAL <br />BASEBALL CLUB, LLC <br />Joseph E. Kernan, Managing Member <br />501 West South Street <br />South Bend, Indiana 46634 <br />With a copy to: <br />Joseph E. Kernan <br />114 E. Pokagon <br />South Bend, Indiana 46617 <br />Section 24.09 AMENDMENT, MODIFICATION, OR ALTERATION. No <br />amendment, modification or alteration of the terms of this Stadium Agreement shall be binding <br />unless in writing, dated subsequent to the date hereon and duly executed by the parties herein. <br />Section 24.10 RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies <br />provided by this Stadium Agreement are cumulative and the use of any right or remedy by either <br />
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