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C. Attorneys’ Fees. In the event either Party pursues any legal action <br />(including arbitration) to enforce or interpret this Agreement, each Party shall bear its own <br />attorneys’ fees and other costs and expenses (including expert witness fees). <br /> <br />11. COVENANTS OF SELLER. Between the date of this Agreement and the <br />Closing Date, Seller shall: <br /> <br />A. not, without first obtaining the written consent of Buyer, enter into any <br />leases, contracts or other agreements, nor grant or permit any rights to any other party, <br />pertaining to the Property or any portion thereof, except in relation to Seller’s performance <br />of ongoing demolition work or other Local Public Improvements and related work set forth <br />in the Development Agreement at the Property, if any; <br /> <br />B. comply with all private and governmental laws, rules, ordinances, <br />regulations, covenants, conditions, restrictions, easements, liens and agreements affecting <br />the Property or any portion thereof including, without limitation, the use thereof; and <br /> <br />C. comply with all requirements of the Title Company in connection with its <br />insurance of fee simple title to the Property in Buyer as required under Section 5 hereof <br />and elsewhere herein. <br /> <br />12. NOTICES. <br /> <br />A. All notices, demands and communications required or which either party <br />desires to give or make hereunder shall be effective (at the time set forth in Section 12(B)) <br />if in writing signed by or on behalf of the party giving or making the same, and if <br />served/delivered to the addresses and/or fax numbers set forth below and in any of the <br />following manners: (i) personally; (ii) by United States certified mail, return receipt <br />requested; or (iii) by a national courier service for next business day delivery. <br /> <br />To Seller: City of South Bend Department of Community Investment <br /> Attn: Executive Director <br />County-City Building, Suite 1400 S. <br />227 W. Jefferson Blvd. <br /> South Bend, IN 46601 <br /> Telephone: 574-235-9337 <br /> <br />With a copy to: City of South Bend Legal Department <br /> Attn: Corporation Counsel <br /> County-City Building, Suite 1200 S. <br /> 227 W. Jefferson Blvd. <br /> South Bend, IN 46601 <br /> <br />To Buyer: New Day Intake Center, Inc. <br />Attn: Sheila McCarthy <br />PO Box 11162 <br />South Bend, IN 46634 <br /> <br />With a copy to: Sopko, Nussbaum, Inabnit & Kaczmarek <br /> Attn: Richard A. Nussbaum II <br /> 210 S. Michigan St <br /> Suite 500