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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 /> 10.4 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 /> 10.5 Equal Employment Opportunity. Developer, for itself and its successors and <br /> assigns, agrees that during the construction of the Project: <br /> (a) Developer will not discriminate against any employee or applicant for <br /> employment because of race, color, religion, sex, or national origin. Developer agrees to <br /> post in conspicuous places, available to employees and applicants for employment,notices <br /> setting forth the provisions of this nondiscrimination clause; and <br /> (b) Developer will state, in all solicitations or advertisements for employees <br /> placed by or on behalf of Developer,that all qualified applicants will receive consideration <br /> for employment without regard to race, color,religion, sex, or national origin. <br /> 10.6 Titles of Articles and Sections. Any titles of the several parts, sections, and <br /> paragraphs of this Agreement are inserted for convenience or reference only and shall be <br /> disregarded in construing or interpreting any of its provisions. <br /> 10.7 Counterparts. This Agreement may be executed in counterparts,all of which shall <br /> be deemed originals. <br /> 10.8 Notices and Demands. A notice, demand, or other communication under this <br /> Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by <br /> registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and <br /> (a) in the case of the Developer, is addressed to or delivered personally to <br /> Developer: RealAmerica Development <br /> 10711 America Way, Suite 200 <br /> Fishers, IN 46038 <br /> Attn: Ronda Weybright <br /> With a copy to: Gareth Kuhl <br /> Kuhl& Grant LLP <br /> 55 Monument Circle, Suite 201 <br /> Indianapolis, IN 46204 <br /> (b) in the case of the Commission is addressed to or delivered personally to: <br /> Commission: The South Bend <br /> Redevelopment Commission <br /> - 15 - <br /> dms.us.52637413.08 <br />