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5041-23 CONFIRMING - Multiple Properties 10-Year Real Property Tax Abatement
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5041-23 CONFIRMING - Multiple Properties 10-Year Real Property Tax Abatement
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8/25/2023 3:45:00 PM
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7/31/2023 4:56:14 PM
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12. Notices. All notices, requests, demands, and other communications required or permitted <br /> under this Agreement shall be in writing and shall be deemed to have been received when delivered <br /> by hand or by facsimile(with confirmation by registered or certified mail) or on the third business <br /> day following the mailing,by registered or certified mail,postage prepaid,return receipt requested, <br /> thereof, addressed as set forth below: <br /> If to Applicant: Advantix Development Corporation <br /> 500 SE 10th Street <br /> Evansville, IN 47713 <br /> Attn: Brandon Shields,Broker/Business <br /> Development Manager <br /> If to the City: City of South Bend, Indiana <br /> 227 W. Jefferson Boulevard, Suite 14005 <br /> South Bend, Indiana 46601 <br /> Attn: Executive Director of Community <br /> Investment <br /> 13. Assignment and Tran,41er Prohibited. This Agreement shall be binding upon and inure to <br /> the benefit of the City and the Applicant and their successors and assigns, except(a) that no party <br /> may assign or transfer its rights or obligations under this Agreement without the prior written <br /> consent of the other party hereto, in which consent shall not be unreasonably withheld, and (b) <br /> Applicant may assign and transfer its rights under this Agreement to the Permitted Assign without <br /> prior written consent. "Permitted Assign" means the affiliated single purpose entity created for <br /> purposes of designing, constructing, owning, operating, and maintaining the project which is the <br /> subject of this Agreement. <br /> 14. Valid and Binding Agreement. This Agreement may be executed in any number of <br /> counterparts,each of which shall be deemed to be an original as against any party whose signature <br /> appears thereon, and all of which shall together constitute one and the same instrument. By <br /> executing this Agreement, each person so executing affirms that he has been duly authorized to <br /> execute this Agreement on behalf of such party and that this Agreement constitutes a valid and <br /> binding obligation of the party. <br /> 15. Severability. The provisions of this Agreement and of each section or other subdivision <br /> herein are independent of and separable from each other, and no provision shall be affected or <br /> rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of <br /> 4 <br />
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