5A2 Access Agreement (Stoic Beverages) - Signed

Home Browse Search

10.Interpretation; Governing Law. Both Parties having participated fully and equally in the negotiation and preparation of this Agreement, this Agreement will not be more strictly construed, nor will any ambiguities in this Agreement be presumptively resolved, against either Party. This Agreement will be governed and construed in accordance with the laws of the State of Indiana. 11.Assignment. The Developer may not assign this Agreement or the License granted herein to any other person or party without the Commission’s prior written consent. Any attempt by the Developer to assign or otherwise convey any interest in this Agreement will be void and of no force or effect unless the Developer first obtains the Commission’s written consent. 12.Notices. Any notices required under this Agreement may be provided (a) by hand-delivery (which will be deemed delivered at the time of receipt) or (b) by registered or certified mail, return receipt requested (which will be deemed delivered three (3) days after mailing), to each Party’s respective address and the representatives stated below. Commission:Executive Director City of South Bend, Indiana 1400 S. County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 With a copy to:South Bend Legal Department 1200 S County-City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Corporation Counsel Developer:Stoic Beverages LLC 26829 County Road 52 Nappanee, IN 46550 Attn: R. Weaver, Member Either Party may change its address for notice hereunder by notice to the other Party given as set forth herein. 13.Entire Agreement; Amendment. This Agreement embodies the entire agreement between the Commission and the Developer related to the Developer’s future use of the Commission Property and supersedes all prior discussions, understandings, or agreements, whether written or oral, between the Commission (or any representative of the Commission) and the Developer concerning the same. This Agreement may be amended only by separate writing, signed by the Commission and the Developer. 14.Waiver. Neither the failure nor any delay on the part of a Party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with