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2017/12/20 Council Agenda Packet
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2017/12/20 Council Agenda Packet
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Council Agenda Packet
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12/20/2017
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1 <br /> Mailcode: OH-01-51-0311 <br /> Brooklyn, Ohio 44144 <br /> Telephone: (216) 689-5579 <br /> Fax: (216)370-6307 <br /> Attention: Community Development Lending <br /> With a copy to: Porter Wright Morris&Arthur LLP <br /> 950 Main Ave Suite 500 <br /> Cleveland, OH 44113-7206 <br /> Direct: 216-443-2534 <br /> Fax: 216-443-9011 <br /> dlewis@porterwright.com <br /> Attention:Dave Lewis,Legal Counsel <br /> Any such notices shall be either (a) sent by certified mail, return receipt requested, in <br /> which case notice shall be deemed delivered three(3)days after deposit,postage prepaid <br /> in the U.S. mail, (b) sent by a nationally recognized overnight courier, in which case <br /> notice shall be deemed delivered when actually delivered pursuant to the records of such <br /> courier,or(c) sent by facsimile transmission to the party and its counsel,receipt of which <br /> has been confirmed by telephone, and by regular mail, in which case notice shall be <br /> deemed delivered on the next business day following confirmed receipt, or (d)hand <br /> delivered, in which case notice shall be deemed delivered when actually delivered. The <br /> above addresses and phone numbers may be changed by written notice to the other party; <br /> provided, however, that no notice of a change of address shall be effective until actual <br /> receipt of such notice. Copies of notices are for informational purposes only,and a failure <br /> to give or receive copies of any notice shall not be deemed a failure to give notice. <br /> All notices to Owner shall also be delivered to Investor and KeyBank. The City shall <br /> accept any cure by Investor or KeyBank as if made by Owner. <br /> 17.7 Execution in Counterparts. This Covenant may be executed in any <br /> number of counterparts and by different parties hereto in separate counterparts, each of <br /> which when so executed shall be deemed to be an original and all of which taken together <br /> shall constitute one and the same Covenant. <br /> 17.8 Waiver. No waiver by any party of any provision of this Covenant or any <br /> breach thereof shall be of any force or effect unless in writing by the party granting the <br /> wavier; and no such waiver shall be construed to be a continuing waiver. The waiver by <br /> one party of the performance of any covenant, condition, or promise shall not invalidate <br /> this Covenant nor shall it be considered a waiver by such party of any other covenant, <br /> condition, or promise hereunder. The waiver by either or both parties of the time for <br /> 22 <br /> 52 <br />
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