5A4 Sublease Agreement 103 W. Colfax (Haunt of Hounds) - Signed

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22 day following deposit of any such Notice with a national overnight delivery carrier (with receipt evidencing such delivery) such as, but not limited to, Federal Express or UPS. Any Notice to be delivered in person or by mail shall be addressed: (a) if to Commission, at the address set forth in Section 1.l(d) hereof, or at such other address as Commission may designate by written notice; and (b) if to Tenant, at the address set forth in Section 1.l(e) hereof, or at such other address as Tenant may designate by written notice. 15.4. Waiver. One or more waivers of any covenant or condition by Commission shall not be construed as a waiver of a subsequent breach of the same covenant or condition, and the consent or approval by Commission to or of any act by Tenant requiring Commission's consent or approval shall not be deemed to render unnecessary Commission's consent or approval to or of any subsequent similar act by Tenant. 15.5. Entire Agreement; Amendment. This Sublease and the exhibits attached hereto (which exhibits are incorporated herein by reference) set forth all the covenants, promises, agreements, conditions and understandings between Commission and Tenant concerning the Premises, and there are no covenants, promises, agreements, conditions or understandings, either oral or written, between Commission and Tenant other than as are herein set forth. No alteration, amendment, change or addition to this Sublease shall be binding upon Commission or Tenant unless reduced to writing and signed by authorized representatives of both Commission and Tenant. 15.6. Dispute Resolution: Remedies Cumulative. Any litigation over the terms or performance of this Sublease will be commenced in the courts of St. Joseph County, Indiana. In any legal proceeding concerning this Sublease, each Party irrevocably waives the right to trial by jury with respect to any and all causes of action, counterclaims, and disputes. The rights and remedies of Commission and Tenant hereunder shall be cumulative, and no one of them shall be deemed or construed as exclusive of any other right or remedy hereunder, at law, or in equity. The exercise of any one such right or remedy by Commission or Tenant shall not impair its standing to exercise any other such right or remedy. Unless time is of the essence, the parties agree to submit their dispute to pre-suit mediation under Indiana ADR Rules before filing cause of action in a court of law. 15.7. Accord and Satisfaction. No payment by Tenant or receipt by Commission of a lesser amount than the Rent due hereunder shall be deemed to be other than on account of the Rent first due hereunder. No endorsement or statement on any check or letter accompanying any check or payment of Rent shall be deemed to be an accord and satisfaction, and Commission may accept any such check or payment without prejudice to the right of Commission to recover the balance of such Rent or to pursue any other right or remedy. 15.8. Relationship. Nothing contained herein shall be deemed or construed to create between the Parties any relationship other than that of Commission and tenant. 15.9. Information. Tenant shall provide to Commission, upon request, accurate financial statements of Tenant certified by the highest-ranking financial officer of Tenant. 15.10. Construction. The laws of the State of Indiana shall govern the