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termination and/or the tax repayment action is proper, the Applicants shall be provided with written <br /> notice and a hearing before the SBCC before any final action shall be taken terminating the abatement <br /> and/or requiring repayment of tax benefits. The Applicants shall be entitled to appeal that <br /> determination to a St. Joseph County Superior or Circuit Court. <br /> 8. Repayment. In the event the City requires repayment of the tax abatement savings as provided <br /> hereunder, it shall provide Applicants with a written statement calculating the amount due (the <br /> "Statement"),and Applicants shall make such repayment to the City within one hundred twenty(120) <br /> days of the date of the Statement. If the Applicants do not make timely repayment, the City shall be <br /> entitled to all reasonable costs and attorneys' fees incurred in the enforcement of this Agreement and <br /> the collection of the tax abatement savings required to be repaid hereunder. <br /> 9. Modification/Entire Agreement. This Agreement and the schedules attached hereto as Exhibit <br /> A contain the entire understanding between the City and the Applicants with respect to the subject <br /> matter hereof, and supersede all prior and contemporaneous agreements and understandings, <br /> inducements, and conditions, expressed or implied, oral, or written, except as herein contained. This <br /> Agreement may not be modified or amended other than by an agreement in writing signed by the City <br /> and the Applicants. The Applicants understand that any and all filings required to be made or actions <br /> required to be taken to initiate or maintain the abatement are solely the responsibility of the Applicants. <br /> 10. Waivers. Neither the failure nor any delay on the part of the City to exercise any right,remedy, <br /> power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or <br /> partial exercise of any right, remedy, power, or privilege preclude any other or further exercise of the <br /> same or of any other right,remedy,power,or privilege with respect to any occurrence or be construed <br /> as a waiver of such right, remedy,power,or privilege with respect to any other occurrence. No waiver <br /> shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. <br /> 11. Notices. All notices, requests, demands, and other communications required or permitted <br /> under this Agreement shall be in writing and shall be deemed to have been received when delivered by <br /> hand or by facsimile (with confirmation by registered or certified mail) or on the third business day <br /> following the mailing,by registered or certified mail,postage prepaid,return receipt requested,thereof, <br /> addressed as set forth below: <br /> If to Applicants: Indiana GRQ, Inc <br /> 4020 Kinross Lakes Pkwy, Suite 200, <br /> Richfield, OH 44286 <br /> Attn: Michele Kiernan& Matt DeVicchio <br /> If to the City: City of South Bend, Indiana <br /> 227 W. Jefferson Boulevard, Suite 1400S <br /> South Bend, Indiana 46601 <br /> Attn: Executive Director of Community Investment <br /> 12. Governing Laws of Indiana. This Agreement and all questions relating to its validity, <br /> interpretation,performance,and enforcement shall be governed by the laws and decisions of the courts <br /> of the State of Indiana. <br /> 3 <br />