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<br />SECTION 9. MISCELLANEOUS.
<br />9.1 Severability. If any term or provision of this Agreement is held by a court of
<br />competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions
<br />of this Agreement shall continue in full force and effect unless amended or modified by mutual
<br />consent of the parties.
<br />9.2 Waiver. Neither the failure nor any delay on the part of a Party to exercise any
<br />right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall
<br />nay single or partial exercise of any right, remedy, power, or privilege preclude any other or further
<br />exercise of the same or of any right, remedy, power, or privilege with respect to any occurrence
<br />be construed as a waiver of any such right, remedy, power, or privilege with respect to any other
<br />occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted
<br />to have granted such waiver.
<br />9.3 Other Necessary Acts. Each Party shall execute and deliver to the other Parties all
<br />such other further instruments and documents as may be reasonably necessary to accomplish the
<br />Project and the Local Public Improvements contemplated by this Agreement and to provide and
<br />secure to the other Parties the full and complete enjoyment of its rights and privileges hereunder.
<br />Notwithstanding the foregoing, the Parties understand and agree that certain actions contemplated
<br />by this Agreement may be required to be undertaken by persons, agencies, or entities that are not
<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 of any litigation, mediation, or arbitration between
<br />the Parties regarding an alleged breach of this Agreement, none of the Parties shall be entitled to
<br />any award of attorney’s 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
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