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9 <br /> <br /> <br />a party to this Agreement, including, but not limited to certain permits, consents, and/or approvals <br />(to the extent they have not yet been obtained and completed), and that any action by such third <br />parties shall require independent approval by the respective person, agency, entity, or governing <br />body thereof. <br />9.4 Dispute Resolution; Waiver of Jury Trial. Any action to enforce the terms or <br />conditions of this Agreement or otherwise concerning a dispute under this Agreement will be <br />commenced in the courts of St. Joseph County, Indiana, unless the Parties mutually agree to an <br />alternative method of dispute resolution. The Parties acknowledge that disputes arising under this <br />Agreement are likely to be complex and they desire to streamline and minimize the cost of <br />resolving such disputes. In any legal proceeding, each Party irrevocably waives the right to trial <br />by jury in any action, counterclaim, dispute, or proceeding based upon, or related to, the subject <br />matter of this Agreement. This waiver applies to all claims against all parties to such actions and <br />proceedings. This waiver is knowingly, intentionally, and voluntarily made by both Parties. <br />9.5 Attorneys’ Fees. In the event the Commission pursues any legal action (including <br />arbitration) to enforce or interpret this Agreement, Developer shall pay Commission’s reasonable <br />attorneys’ fees and other costs and expenses (including expert witness fees). <br />9.6 Equal Employment Opportunity. The Developer, for itself and its successors and <br />assigns, agrees that during the construction of the Project: <br />(a) The Developer will not discriminate against any employee or applicant for <br />employment because of race, color, religion, sex, or national origin. The Developer agrees <br />to post in conspicuous places, available to employees and applicants for employment, <br />notices setting forth the provisions of this nondiscrimination clause; and <br />(b) The Developer will state, in all solicitations or advertisements for <br />employees placed by or on behalf of the Developer, that all qualified applicants will receive <br />consideration for employment without regard to race, color, religion, sex, or national origin. <br />9.7 Counterparts. This Agreement may be executed in separate counterparts, each of <br />which when so executed shall be an original, but all of which together shall constitute one and the <br />same instrument. Any electronically transmitted version of a manually executed original shall be <br />deemed a manually executed original. <br />9.8 Notices and Demands. Any notice, demand, or other communication required or <br />permitted under the terms of this Agreement may be delivered (a) by hand-delivery (which will be <br />deemed delivered at the time of receipt), (b) by registered or certified mail, return receipt requested <br />(which will be deemed delivered three (3) days after mailing), or (c) by overnight courier service <br />(which will be deemed delivered on the next business day) to each Party’s respective addresses <br />and representatives stated below. <br />Developer: REVS DEVELOPMENT LLC <br /> 56085 Chapel Lane <br /> South Bend, IN 46619 <br /> Attn: Barbara Turner