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Entities shall have no obligation to reimburse the Developer for any damages paid or incurred by the <br />Developer as a result of an action enforcing any easement of record or the Development Agreement. <br />The provisions of this paragraph shall survive the termination of this Agreement. <br />SECTION XII MISCELLANEOUS. <br />A. Conflict of Interest; Commission Representatives Not Individually Liable. No <br />member, official, or employee of the Commission shall have any personal interest, direct or indirect, <br />in the Agreement, nor shall any such member, official, or employee participate in any decision <br />relating to the Agreement which affects his personal interests or the interests of any corporation, <br />limited liability company, partnership, or association in which he /she is, directly or indirectly, <br />interested. No member, official, or employee of the Commission shall be personally liable to the <br />Developer, or any successor in interest, in the event of any default or breach by the Commission or <br />for any amount which may become due to the Developer or successor or assign or on any obligations <br />under the terms of the Agreement. <br />B. Recordation. This Agreement shall be recorded in the office of the St. Joseph County <br />Recorder immediately prior to the closing on the Project unless one of the parties thereto records this <br />agreement on its own accord. <br />C. Equal Employment Opportunity. The Developer, for itself and its successors and <br />assigns, agrees that during the construction of the Project: <br />1. The Developer will not discriminate against any employee or applicant for <br />employment because of race, color, religion, sex, or national origin. The <br />Developer agrees to post in conspicuous places, available to employees and <br />applicants for employment, notices setting forth the provisions of this <br />nondiscrimination clause. <br />2. The Developer will state, in all solicitations or advertisements for employees <br />placed by or on behalf of the Developer, that all qualified applicants will <br />receive consideration for employment without regard to race, color, religion, <br />sex, or national origin. <br />D. Provisions Not Merged With Deed. None of the provisions of the Agreement are <br />intended to or shall be merged by reason of any Deed transferring title to the Property from the <br />Commission to the Developer or any successor in interest, and any such Deed shall not be deemed to <br />affect or impair the provisions and covenants of the Agreement. <br />E. Titles of Articles and Sections. Any titles of the several parts, sections, and <br />paragraphs of the Agreement are inserted for convenience or reference only and shall be disregarded <br />in construing or interpreting any of its provisions. <br />• <br />