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H. Rights and Remedies Cumulative. The rights and remedies of the parties to the Contract, whether provided by law or by the Contract, shall be cumulative. The exercise by either party of any one or more of such remedies shall not preclude the exercise, at the same or different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, manner or time thereof, any obligation of the other party, or any condition to its own obligation under the Contract shall be considered a waiver of any rights of the party making the waiver with respect to that particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver of any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. I. Party in Position of Surety With Respect to Obli atg ions. The Developer, for itself, its successors and assigns, and for all other persons who are or who shall become liable upon or subject to any obligation or burden under the Contract, whether by express or implied assumption or otherwise, hereby waives, to the fullest extent permitted by law, any and all claims or defenses otherwise available on the ground of its or their being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. SECTION XI. MISCELLANEOUS. A. Conflict of Interest• Commission Representatives Not Individually Liable. No member, official or employee of the Commission shall have any personal interest, direct or indirect, in the Contract, nor shall any such member, official or employee participate in any decision relating to the Contract which affects his personal interests or the interests of any corporation, partnership, or association in which he/she is, directly or indirectly, interested. No member, official or employee of the Commission shall be personally liable to the Developer, or any successor in interest, in the event of any default or breach by the Commission or for any amount that may become due to the Developer, successor or assign or on any obligations under the terms of the Contract. B. Recordation. This Contract shall be recorded in the office of the St. Joseph County Recorder immediately subsequent to its execution. C. Equal Employment Opportunity. The Developer, for itself and its successors and assigns, agrees that during the construction of the Project: 1. The Developer will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Developer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 16