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necessary action for the making of such conveyance has been taken and done. The undersigned person executing this Agreement on behalf of Grantee represents and certifies that he has been fully empowered to execute and deliver this Agreement; and that Grantee has full capacity to convey the easements and the rights herein; and all necessary action for the making of such conveyance has been taken and done. Section 19. Amendment. No amendments, modifications or revisions shall be made to this Agreement without the prior written consent of both Grantor and Grantee, and without the prior written consent of The South Bend Redevelopment Commission(the "City") for so long as the City holds a purchase option with respect to the Grantor Property pursuant to that certain Option Agreement dated September , 2014, by and between Grantor and the City. Section 20. Termination. Grantee may terminate this Agreement and all rights of Grantee hereunder upon thirty(30) days written notice. Section 21. Recitals. The recitals set forth above and the exhibits attached hereto are hereby incorporated herein. Section 22. No Waiver. No waiver of any default of any obligation by any party will be implied from the failure of the other party to take any action with respect to a default. Section 23. No Agency. Nothing in this Agreement will be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint ventures or of any other association between the parties or between any party or third party. Section 24. Grantee's Acceptance. The grantee of either the Grantor Property or the Grantee Property or any portion thereof, by acceptance of a deed conveying title to such property or acceptance of a lease for such property, whether from an original party or from a subsequent owner, will accept the deed or lease subject to this Agreement. By acceptance, such grantee and its successors and assigns agree to assume the burdens and obligations of this Agreement and comply with the terms of this Agreement. Section 25. Non-Merger. Notwithstanding that the same party owns the Grantor Property and the Grantee Property, the easement rights granted hereunder shall not merge with the fee simple ownership rights, unless the owner(s) of the Grantor Property and the Grantee Property file a termination of this Declaration. [ signatures begin on following page ] {20142247.DOC} - 5 -