6.C - Laserfiche WebLink

Home Browse Search

15. Before commencing legal process in the event of any Party's failure to perform or observe any of the covenants, terms or conditions in this Agreement, the non- defaulting Party must provide written notice to the defaulting Party of the obligation(s) breached. The defaulting Party will have a maximum of thirty days from the date of service of the notice to cure the default(s) or, in the alternative, to reach agreement with all Parties on a plan to cure the default ( "Cure Period "). If the default is not cured or if an agreement on a plan to cure the default is not reached within the Cure Period, the dispute concerning the alleged default will be referred to an independent mediator agreed upon by the Parties within ten (10) days of the written notice of default. If the Parties cannot agree on a mediator, of if the dispute is not resolved within sixty (60) days of its referral to the mediator, the Parties will be free to commence legal process. 16. Notice may be served by (1) sending a copy of the notice by registered or certified mail or other public means by which a written acknowledgement of receipt may be requested and obtained with return receipt requested and returned showing receipt of the letter; or (2) by hand delivering a copy of the notice personally. The addresses to which notice may be delivered are: Ivy Tower: Abraham Marcus, President Ivy Tower Corporation P.O. Box 4343 South Bend, IN 46634 The City: South Bend Redevelopment Commission Attn: Don Inks 227 West Jefferson Boulevard 12th Floor, County -City Building South Bend, IN 46601 The address for notices may be changed by either Party by giving proper notice under this paragraph. 17. Ivy Tower and the City agree that any recovery in any action that the City may pursue in an effort to recover the cost of remediating the Property shall belong solely to the City, and that Ivy Tower will have, and make, no claim thereupon. 18. All provisions of this Agreement shall become effective on the Effective Date, 19. This Agreement supersedes all prior communications between the City and Ivy Tower concerning the matters contained herein. This Agreement is an integrated