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0 complete enjoyment of its rights and privileges hereunder. <br />12.3 Waiver of Jury Trial. The parties acknowledge that disputes arising under this <br />Agreement are likely to be complex and they desire to streamline and minimize the cost of <br />resolving such disputes. In any legal proceeding, each party irrevocably waives the right to trial <br />by jury in any action, counterclaim, dispute or proceeding based upon, or related to the subject <br />matter of this Agreement. This waiver applies to all claims against all parties to such actions and <br />proceedings. This waiver is knowingly, intentionally and voluntarily made by both parties. <br />12.4 Attorneys' Fees. In the event of any litigation, mediation or arbitration between <br />the Parties regarding an alleged breach of this Agreement, neither Party shall be entitled to ' any <br />award of attorneys' fees. <br />12.5 Recordation. This Agreement or a Memorandum of Agreement may be recorded <br />in the office of the St. Joseph County Recorder subsequent to its execution. <br />12.6 Equal Employment Opportunity. The Developer, for itself and its successors <br />and assigns, agrees that during the construction of the Project: <br />(a) The Developer will not discriminate against any employee or <br />applicant for employment because of race, color, religion, sex, or national origin. <br />• The 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 />(b) The Developer will state, in all solicitations or advertisements for <br />employees placed by or on behalf of the Developer, that all qualified applicants <br />will receive consideration for employment without regard to race, color, religion, <br />sex, or national origin. <br />12.7 Recitals. The Recitals set forth above are a part of this Agreement for all <br />purposes. <br />12.8 Titles of Articles and Sections. Any titles of the several parts,. sections, and <br />paragraphs of this Agreement are inserted for convenience or reference only and shall be <br />disregarded in construing or interpreting any of its provisions. <br />12.9 Counterparts. This Agreement may be executed in counterparts, all of which <br />shall be deemed originals. <br />12.10 Notices and Demands. A notice, demand, or other communication under the <br />Contract by either party to the other shall be sufficiently given or delivered if it is dispatched by <br />registered or certified mail, postage prepaid, return receipt requested, or delivered personally, <br />and <br />F:\ DATA\ SHARED ..egal \Wpdata \SEP\Economic Development \Gameday \Gameday Development Agreement (version 4).doc <br />13 <br />