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South Bend, IN 46601 <br /> Email: DickN@sni-law.com <br /> <br /> <br /> <br />B. Notices given personally shall be deemed to have been given upon receipt. <br />Notices mailed by United States mail shall be deemed to have been given on the third <br />business day after the date of mailing or upon receipt by either party if a written receipt is <br />signed therefor. Notices sent by United States mail or national courier service for next day <br />or next business day delivery shall be deemed to have been given on such next day or next <br />business day, as the case may be, following deposit. Either Party hereto may change its <br />address for the service as aforesaid by giving written notice to the other of such change of <br />address in accordance with the provision of this Section 12. <br /> <br />13. MISCELLANEOUS. <br /> <br />A. This written Agreement constitutes the entire agreement between the <br />parties and supersedes any prior oral or written agreements between the Parties regarding <br />the Property. There are no verbal agreements which can or will modify this Agreement <br />and no waiver of any of its terms will be effective unless in a writing executed by the <br />Parties. <br /> <br />B. The Parties acknowledge and agree that Buyer’s project on the Property is <br />a private development and hereby renounce the existence of any form of agency <br />relationship, joint venture, or partnership between Buyer and Seller and agree that nothing <br />contained herein or in any document executed in connection herewith shall be construed <br />as creating any such. <br /> <br />C. No member, official, or employee of Seller or the City of South Bend, <br />Indiana may have any personal interest, direct or indirect, in this Agreement, nor shall any <br />such member, official, or employee participate in any decision relating to this Agreement <br />which affects his or her personal interests or the interests of any corporation, limited <br />liability company, partnership, or association in which he or she is, directly or indirectly, <br />interested. No member, official, or employee of Seller or the City of South Bend, Indiana <br />shall be personally liable to Buyer, or any successor in interest, in the event of any default <br />or breach by Buyer or for any amount which may become due to Buyer, or its successors <br />and assigns, or on any obligations under the terms of this Agreement. <br /> <br />D. Buyer and Seller represent and warrant to one another that neither has <br />engaged or dealt with any broker or other person who would be entitled to any brokerage <br />fee or commission with respect to the finding, negotiation or execution of this Agreement <br />or the consummation of the transactions contemplated hereby. <br /> <br />E. This Agreement shall be construed and enforceable in accordance with the <br />laws of the State of Indiana. Any action to enforce the terms or conditions of this <br />Agreement or otherwise concerning a dispute under this Agreement will be commenced in <br />the courts of St. Joseph County, Indiana, unless the parties mutually agree to an alternative <br />method of dispute resolution. Both parties hereby waive any right to trial by jury with <br />respect to any action or proceeding relating to this Agreement. <br />