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impositions not delinquent, (ii) all easements, restrictions, agreements, covenants and other
<br />matters of record, including, without limitation, the building and use restrictions in the South
<br />Bend Central Development Plan as the same may be amended from time to time, (iii) all rights of
<br />the public, the State of Indiana and any political subdivision of the State of Indiana (including
<br />without limitation counties and municipalities) in and to that part of the Commission Property
<br />which h3.s been taken or used for highways, streets, rights -of -way and related purposes, (iv) all
<br />applicaLle zoning, building and land use and other governmental restrictions, laws, ordinances
<br />rules and regulations, (v) all matters that would be discovered or disclosed by an accurate
<br />inspection and ALTA/ACSM minimum standard detail survey of the Commission Property (vi)
<br />any enc imbrances, restrictions or liabilities arising under environmental laws, and (vii) other
<br />matters .,reated, caused suffered or permitted by any act or omission of CHA.
<br />9.02. Covenant Contained in Deed. The limited warranty deed delivered by the
<br />Commission to CHA upon the exercise of the option to purchase by CHA shall contain the
<br />following provisions:
<br />(a) The grantee, and those whose title is derived from the grantee,
<br />covenant that they shall not discriminate on the basis of race, color, creed, sex or national origin
<br />in the stile, lease, rental, use or occupancy of this real estate. This covenant runs in favor of the
<br />grantor, the City of South Bend and the United States of America regardless of whether all or
<br />any of them has at any time been, or is the owner of this real estate, and may be enforced by any
<br />such entity in its own right.
<br />(b) If the above covenant is breached, the Commission, the City of
<br />South B .-nd and the United States of America shall have all of the rights remedies of which they
<br />or any other beneficiary of the covenant may be entitled.
<br />9.03. SMcific Performance. CHA shall be entitled to specific performance to
<br />enforce the provisions of this Section 9, it being agreed that money damages is not an adequate
<br />remedy for any breach thereof.
<br />10. Covenants Run With the Land. It is intended that the covenants, easements,
<br />agreements, promises and duties of each party, as set forth in this Agreement, shall be construed
<br />as covenants and not as conditions and that, to the fullest extent legally possible, all such
<br />covenants shall run with and be enforceable against both the covenantor and the land or
<br />constitu' a equitable servitudes as between the parcel of the respective covenantor, as the servient
<br />tenement, and the parcel of the respective covenantee, as the dominant tenement.
<br />11. Entire Agreement. CHA and the Commission agree that there are no covenants,
<br />representations, warranties, agreements, or conditions, either expressed or implied, which in any
<br />way affect, form a part of, or otherwise relate to this Agreement, except for those expressly set
<br />forth he.-ein. CHA and the Commission represent and agree that this instrument constitutes the
<br />entire agreement between them regarding the subject matter hereof. Any or all provisions of this
<br />Agreement may be amended, terminated, rescinded, released or otherwise modified, in whole or
<br />in part, at any time and from time to time, only by a written document executed and
<br />acknowledged by all owners and the then holders of any first mortgages encumbering the
<br />Commission Property or the CHA Property. Any party acquiring the Commission Property or
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