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B. The Paiiies agree and acknowledge that other construction in the vicinity of the Project not conducted by the University or the City shall not create obligations to the Paiiies pursuant to this Agreement. C. The Paiiies agree that they shall meet at least quaiierly during the term of this Agreement unless all Paiiies mutually waive such meeting, to review occupancy rates and the progress of the Project. D. This Agreement shall become effective when all Paiiies have signed and delivered it to the other Paiiies. The date this Agreement is signed by the last Paiiy to sign it ( as indicated by the date stated above that Paiiy's signature) will be deemed the date of this Agreement. This Agreement shall terminate upon completion of the Project or upon the mutual agreement of all Paiiies, at which time the University and the City shall have no fmiher obligation to FREG Stephenson, except those that expressly survive the expiration or termination of this Agreement. E. This Agreement may be modified only by the written mutual consent of the authorized representative of the Parties. F. This Agreement shall be construed and governed according to the laws of the State oflndiana, and any disputes arising hereunder that cannot be resolved amicably as set fmih herein shall be resolved exclusively in the State or Federal Comis seated in St. Joseph County, Indiana. The Parties desire to streamline and minimize the cost of resolving such disputes. In any legal proceeding, each Paiiy inevocably waives the right to trial by jury in any action, counterclaim, dispute, or proceeding based upon, or related to, the subject matter of this Agreement. This waiver applies to all claims against all Paiiies to such actions and proceedings. This waiver is knowingly, intentionally, and voluntarily made by all Paiiies. G. To the extent there is any legal action or proceeding between any of the Paiiies arising from or based on this Agreement or the interpretation or enforcement of any provisions related thereto, then the substantially prevailing paiiy or paiiies shall recover from the substantially non-prevailing paiiy or parties all costs and expenses, including reasonable attorneys' fees and costs, incuned by such substantially prevailing paiiy or paiiies in such action or proceeding and in any appeal in connection therewith. If such substantially prevailing paiiy or parties recovers a judgment in any such action, proceeding or appeal, then such costs, expenses and attorneys' fees shall be included in and as a part of such judgment. The obligations of this section shall survive shall the Closing or any termination of this Agreement. H. Each Party represents and ce1iifies that the undersigned person executing and delivering this Agreement on its behalf is the duly authorized officer or representative of such Party, that he or she has been fully empowered to execute and deliver this Agreement on behalf of such Party, and that all necessary action to execute and deliver this Agreement has been taken by such Paiiy. 11