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(b) The absence of a public sidewalk on the Property prior to the installation of a <br />public sidewalk on one of the Adjoining Properties shall not be the basis for a <br />City regulatory authority to withhold any approval or permit that may be needed <br />from the City during the course of construction or any final approval or permit, <br />including a certificate of occupancy, at the conclusion of construction in order <br />for the Owner to occupy. <br /> <br />(c) Owner shall bear the entire cost of installing a public sidewalk on the Property <br />upon demand made by the City. <br /> <br />(d) Any public sidewalk installed on the Property by Owner shall be in <br />conformance with City standards. <br /> <br />3. Reporting Requirements. If the City believes that all of the conditions precedent to <br />the Owner’s obligation to install a public sidewalk on the Property under this <br />Agreement have been fulfilled, it shall provide written notice of such to the Owner. <br /> <br />4. Dispute Resolution. The Owner and the City shall use their best efforts to amicably <br />and diligently resolve every controversy, question, claim, or dispute between them <br />that arises out of this Agreement. In the event that the parties cannot fully resolve <br />the dispute, the parties agree to use non-binding mediation by a mutually acceptable <br />mediator to resolve the dispute. <br /> <br />5. Governing Law. This Agreement shall be deemed entered into in Indiana and shall <br />be subject to the internal laws of the State of Indiana and any applicable federal law. <br /> <br />6. Legal Costs. The parties agree and stipulate that each party shall bear its own costs, <br />expenses and attorneys’ fees in relation to this Agreement. <br /> <br />7. Miscellaneous Provisions. <br /> <br />(a) Notice. Any notice required to be given pursuant to this Agreement shall be <br />delivered to the appropriate party by Certified Mail Return Receipt Requested, <br />or by overnight mail or courier service, to the following addresses: <br /> <br />If to the Owner: <br /> <br />Blueprint, LLC <br />5777 Cleveland Rd. (soon to relocate to 7775 Cleveland Rd.) <br />South Bend, IN 46628 <br />Attn: Matt Cain <br /> <br />If to the City: