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covenants of Section VI of the Contract and Section III of the Deed. After the final issuance of the <br />Certificate of Completion for the Project by the Commission, neither the Commission nor any other <br />party shall thereafter have or be entitled to exercise any rights, remedies or controls otherwise <br />available with respect to the Property as a result of a default in or breach of any provisions of the <br />Contract or the Deed by the Developer or any successor in interest or assign, unless: <br />1. the Developer, any lessee, or any other successor in interest or assign defaults <br />or breaches the covenants of Section VI of the Contract or Section III of the <br />Deed, and <br />2. the right, remedy or control relates to such default or breach. <br />B. Form of Certification. The Certificate provided for in this Section shall be in such <br />form as to be recordable in the St. Joseph County Recorder's Office. <br />C. Refusal or Failure to Provide Certificate. If the Commission refuses or fails to <br />provide the Certificate within thirty (30) days after the Developer's written request, the Commission <br />shall provide the Developer with a written statement indicating how the Developer failed to comply <br />with the provisions of this Contract and giving the measures necessary, in the Commission's <br />opinion, for the Developer to take in order to obtain such Certificate. <br />SECTION VI. RESTRICTIONS UPON USE OF PROPERTY. <br />A. Agreements of Developer. The Developer agrees and the Deed shall state that the <br />Developer and its successors and assigns shall: <br />1. Devote the Property only to uses under the Final Site Plan and Development <br />Specifications of the Project as approved by the Commission pursuant to <br />Section IV(A) of this Contract; and <br />2. Not discriminate on the basis of race, color, creed, sex or national origin in <br />the sale, lease, rental, use or occupancy of the Property. <br />B. Enforceability of Covenants. The parties agree and the Deed shall expressly state that <br />the covenants in this Section shall be covenants running with the land and, except only as otherwise <br />specifically provided in the Contract, shall be binding for the benefit of and shall be enforceable by: <br />the Commission; <br />2. its successors and assigns; <br />3. the City of South Bend, Indiana; <br />4. any successors in interest to the Property. <br />0 <br />