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• <br /> File in Clerk's Office <br /> any other right, remedy, power or privilege with respect to any occurrence orotjstuna aiver I <br /> such right, remedy, power or privilege with respect to any other occurren Na waiver shall be effcctiy <br /> unless it is in writing and is signed by the party asserted to have grr nted sue ai�grM J0�1ES <br /> CITY CLERI(,SOUT` <br /> II. (;overiinrs Laws of Indiana. This Agreement and N. <br /> interpretation, performance,and enforcement shall be governed by the laws and decisions of the courts of <br /> the State of Indiana. <br /> 12. Applicant's Consent to Jurisdiction. The Applicant hereby irrevocably consents to the jurisdiction <br /> of the Courts of the State of Indiana and of the St.Joseph County Circuit or Superior Court in connection <br /> with any action or proceeding arising out of or relating to this Agreement or any documents or instrument <br /> delivered with respect to any of the obligations hereunder. and any action related to this Agreement shall <br /> be brought in such County and in such Court. <br /> 13. Notices. All notices, requests, demands, and other communications required or permitted under <br /> this Agreement shall be in writing and shall be deemed to have been received when delivered by hand or <br /> by facsimile(with confirmation by registered or certified mail)or on the third business day following the <br /> mailing,by registered or certified mail, postage prepaid, return receipt requested, thereof.addressed as set <br /> forth below: <br /> f to Applicant: Five Corners. LLC <br /> CiZr..5 Address: $ c k Ptd e e:l 7�l 5 1t.��l <br /> 5,;,;1,4 vrfn, . <br /> Attn: C► 4.u:3 S' r-kR`lCS <br /> Title: l\4h-1N/1 T-irlf- t'40.10°1— <br /> If <br /> "t0'MO1If to the City: City of South Bend, Indiana <br /> 227 West Jefferson Blvd. Suite 14005 <br /> South Bend. Indiana 46601 <br /> Attn: Daniel Buckenmeyer, Department of <br /> Community investment <br /> 14. Assignment and Transfer Prohibited. This Agreement shall be binding upon and inure to the benefit <br /> of the City and the Applicant and their successors and assigns,except that no party may assign or transfer <br /> its rights or obligations under this Agreement without the prior written consent of the other party hereto. in <br /> which consent shall not be unreasonably withheld. <br /> IS. Valid and Bindine:Agreement. This Agreement may he executed in any number of counterparts, <br /> each of which shall be deemed to be an original as against any party whose signature appears thereon,and <br /> all of which shall together constitute one and the same instrument. By executing this Agreement, each <br /> 3 1 ' <br />