12-17-08 Meeting of the La Porte Redevelopment Authority

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Telephone: Facsimile: Redevelopment Authority; LaPorte Redevelopment Authority Atln: Telephone: Facsimile: The person and address to which notices are to be given may be changed at any time by any party upon written notice to the other party. All notices given pursuant to this Agreement shall be deemed given upon receipt. (b) F or the purpose of this Agreement, the term "receipt" shall mean the earlier of any of the following: (i) the date of delivery of the notice or other document to the address specified pursuant to this section as shown on the return receipt, (ii) the date of actual receipt of the notice or other document by the person or entity specified pursuant to this Section, or (iii) in the case of refusal to accept delivery or inability to deliver the notice or other document, the earlier of [a] the date of the attempted delivery or refusal to accept delivery, [b] the date of the postmark on the return receipt, or [c] the date of receipt of notice of refusal or notice of nondelivery by the sending party. - Section 4.9. Waiver. The failure of any Party to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that Party may have hereunder, at law or in equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. No waiver by any Party of any default under this Agreement shall be effective or binding on such Party unless made in writing by such Party and no such waiver shall be implied from any omission by a Party to take action in respect to such default. No express written waiver of any default shall affect any other default or cover any other period of time other than any default andlor period of time specified in such express waiver. One or more written waivers or any default under any provision of this Agreement shall not be deemed to be a waiver of any subsequent default in the performance or the same provision or any other term or provision contained in this Agreement. - - Section 4.10. Time. Time is of the essence of this Agreement. Section4.11. Attorney's Fees. In the event any entity initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any appeal). - H-Public _Right _ oC Way _Improvement_and ]unding_ Agreement_ v9(738385 _9)[1 ].DOC 8