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The Project is scheduled to be completed by October 31, 2013. If SBHF fails to substantially complete its renovation plans to the Property within a reasonable time, the Commission may terminate the Easement and SBHF will pay to the Commission all documented expenses incurred for the Donated Property, less any expenses reimbursed by the title insurance policy, if partial rehabilitation is due to any title defects or newly discovered encumbrances. SBHF will invest approximately $3.1 million in non - Commission funds to renovate the Property as a low income senior housing complex, and shall provide ongoingAVerational and building maintenance expenses ( "Operational Obligations" or "Operations ") rth in Exhibit F. 4. This Agreement shall be binding VrV ie s hereto and their respective successors and assigns. 5. The Parties agree to take s actt 6ns, includin execution and delivery of documents and instruments, as maybe essary o appropriate to ou the terms and intent of this Agreement and to aid and assi ther in ing out the t and intent. 6. No recourse under or upon any ob on, covenant, or agreement of this Agreement or for any claim based the or otherwise in r thereof shall be had against the appointed or elected public officials oft or the Comm or their respective officers, agents, and employees, in any amount sub rms and co s herein, and no liability, right or claim at law or in equity shall attac o or incurre y the public officials of the City, the Commission or their respective offi rs, nt , loyees and all such claims are hereby expressly waived sed as a co ' on of and a consideration for the execution of this Agreement by e Co ion, provi such elected officials, officers, agents, and employees are ac ' ursuant lawful au rit and are uniformly enforcing and /or administering the laws, anc tices and cedures of the City and the Commission. No recourse under or upo t or agreement of this Agreement or for any claim base the n respe eof shall be had against the officers, agents, or emnlov of SBHF amou biect to the terms and conditions herein. 7. If an rtion oiis Agreement, or its application to any person, entity, or property, i invalid or forceable, the application or validity of any other portion of this Agreement sh t be affec 8. arties shall each bear their own costs and expenses with respect to this Agreement and th er matters contemplated hereby, including, without limitation, the fees and expenses of their spective legal counsel. 9. This Agreement shall be construed in accordance with the laws of the State of Indiana. 10. This Agreement may be executed in more than one counterpart which, when executed, shall together constitute one agreement.