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9 <br /> <br />9.5 Attorneys’ Fees. In the event the Commission pursues any legal action (including <br />arbitration) to enforce or interpret this Agreement, Developers shall pay Commission’s reasonable <br />attorneys’ fees and other costs and expenses (including expert witness fees). <br />9.6 Equal Employment Opportunity. The Developers, for itself and its successors and <br />assigns, agree that during the construction of the Project: <br />(a) The Developers will not discriminate against any employee or applicant for <br />employment because of race, color, religion, sex, or national origin. The Developers agree <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 Developers will state, in all solicitations or advertisements for <br />employees placed by or on behalf of the Developers, that all qualified applicants will <br />receive consideration for employment without regard to race, color, religion, sex, or <br />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 />Developers: EMPOWERHER DEVELOPMENT LLC <br /> 530 S. Michigan <br /> South Bend, Indiana 46601 <br /> <br /> Milkweed Gardens Inc. <br />1129 Riverside Dr. <br />South Bend, IN, 46616 <br /> <br /> Herstoric Properties LLC <br /> 614 S Saint Joseph St. <br /> South Bend, IN 46601 <br /> <br /> <br /> <br />Commission: South Bend Redevelopment Commission <br />1400S County-City Building <br />227 W. Jefferson Blvd. <br />South Bend, IN 46601