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South Bend, IN 46601 with a copy to: City of South Bend Department of Law 1200 County City Building 227 W. Jefferson Blvd. South Bend, IN 46601 If to Buyer: Donald J. Napoli Director, St. Joseph County Public Library 304 S. Main Street South Bend, Indiana 46601 with a copy to: James A. Masters Nemeth, Feeney, Masters & Campiti, P.C. 211 W. Washington, Suite 1800 South Bend, Indiana 46601 17. Amendment. Neither this Agreement nor any of its provisions may be changed, amended, waived or otherwise modified orally, but only by an instrument in writing duly executed by or on behalf of the party against whom enforcement of any change, amendment, waiver, modification, consent or discharge is sought. 18. Headings, Etc. The headings contained in this Agreement are for reference purposes only and shall not affect in anyway the meaning or interpretation of this Agreement. This Agreement may be executed simultaneously or in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 19. Default. If subsequent to the exercise of this Option, the sale contemplated by this Agreement is not consummated (a) through the default of either party, then the non - defaulting party_shall have and retain all legal and equitable remedies including, but not limited to, the right to pursue damages including attorneys' and paralegals' fees and other costs of enforcement and the right to seek and obtain specific performance of this Agreement. If Buyer defaults, Seller shall retain the Option Payment as full and final consideration for this Option Agreement.