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foregoing or anything in this Agreement to the contrary, the City does not waive any <br />governmental immunity or liability limitations available to it under Indiana law. <br />7. Reservation of [dig . Each party reserves for itself the free use of the its parcel in <br />any manner not inconsistent with the terms of this Agreement. <br />8. Covenant Dunning with the Land. The City, FREG and Wharf Partners intend that <br />each of the rights and obligations set forth herein shall run with the land and create <br />equitable servitudes burdening the Real Property and benefitting the Real Property, <br />shall bind every person having any fee, leasehold, or other interest therein, and shall <br />inure to the burden or benefit of the respective parties and their successors, assigns, <br />heirs, and personal representatives. <br />9. Recording. This Agreement shall be duly recorded in the Office of the Recorder of <br />St. Joseph County, Indiana, and all recording fees will be paid by University. <br />10. G.o. rern:ing Law. This Easement shall be governed and construed in accordance with <br />the laws of the State of Indiana without reference to its conflict of laws principles. <br />11. Cooker tion. Each party shall, at no additional cost to the other parties, cooperate <br />with the other and its authorized representatives with regard to any reasonable <br />requests made subsequent to execution of this Agreement to correct any clerical <br />errors contained in this Agreement and to provide any and all additional <br />documentation deemed necessary to effectuate the transaction contemplated by this <br />Agreement. Each party further agrees that the term "cooperate," as used in this <br />Agreement, includes agreeing to execute or re -execute any documents that the parties <br />reasonably deem necessary or desirable to carry out the intent of this Agreement. All <br />parties recognize the duty of each party to act in good faith and with fair dealings <br />when effectuating the intent of this Agreement. <br />(signature pages follow) <br />-3- <br />