5.A.(1) Development Agreement (WNIT)

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agents. and employees. in any anu~unt subject to the terms and ~x~nditions herein. and no liubilit~~. right or claim at lu~~' or in equity shall attach to or shall be incurred by the public offiicials of the City. the Commission or their respccti~~e offices s, agents. and employees and all such claims arc hereby expressly ~rui~ cd and released as a condition of ~uul ~~s a consideration iiir the execution of this Agreement b~- the Commission. pro~~idcd such elected officials, ofliccrs, agents. and employees arc actin~~ pursuant to la~~~[ul authority and arc unit~~rmly en{c~rcing and-or administering the ia~as. ordinance. practices and procedures of the City and the Commission. No reaxnsc under or upon any obli~~ation co~~enant or a~~rcement of this Agreement or for any claim based thereon ur othcr~~~isc in respect thereof shall be had against the officers, agents. employees. or Ylembers of W'NIT in any amount subject to the terms and conditions herein. I I . ICan_y portion of this A<<recmenf. or its application to any person, entity, or property. is held ins alid or uncnlbrceablc. the application or validity of any other portion of this A~~rccmcnt shall not be aftcctai. I?. The Parties shall each bear their own costs anct expenses t~~ith respect to this Agreement and the other matters contemplated hereby. includin~a. ~~~ithout limitation, the fees and expenses of their respcctiye legal counsel. 1 ~. This A~arccment shall be consU~ual in accordance ~~~ith the la~~~s of the State of Indiana. 1T. This Agreement muv he executed in more than one counterpart which, ~yhcn executed. shall together constitute one a~~reement. IN ~y IT'~'ESS \y~HEREC~F, the Parties ha~c duly executed this Agreement as of the date first above ~rritten. 'vlichiana Public Broadcasting Corporation Bv: Its: A T"C E SI By: Its: C,ibnc~ A4S Il >hRrJ~AA'S Il 6.Jnc II ISa,ti South Bend Kcdcyclopmcnt Commission Bv: Its: ATTEST: By: Its: Ptjac -4 of 1 ~