6.B.(1)&(2) Staff report 118 N. Main St.

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obligation under the Contract shall be considered ~ ~~aiver of any rights of the party makins the ~1aiver with respect to that particular obli~!;~tiun ~~flhc other party orconditi~~n to its ~~~~n obligation beyond tfx~sc expresslr ~~~aivcd in ~~~ritin~~ and to the c~;tent thereof. or a ~~ ai~er ~~f am~ respect in regard to anv other rights of the part}~ tuakin~~ the ~~ air cr or any other ~~bli~~ations of the other part}°. L Party in Position of Surety ~~'ith Res acct to Oblis~ations. ~I~hc Developer. for itself, its successors and assigns. and fur all other persons ~~ ho arc or who shall become l table upon or subject to anv ohli~~atie~n ~,r burden unricr the Contract. ~~hcther b~ express or implied assumption or utheneisc_ hereby waives. to the fullest extent permitted by la~~°. nnv and all claims or defenses othcnti°ise avail<<ble on tlu ground omits or their being or haying become a person in the position ofa surely, ~~hether real, pa~sona{. or othcr~~ ise or ~~hethcr by agrccma~t or operation ofla~~, including- wiihout limitation on the generality of the toregoin<~, anv and all claims and defenses based upon cstcnsion of time, indulg,cncc_ or nuxiitication of terms of conU~act. S[?C"110'\ X1. ~11SCh:LLAhEOLS. A. Conflict of Interest: Conunission Rc~~csentativcs ?y~ot Individually Liable. I~~o member. official. or employee ~~f the Conunissian shall have an~~ personal interest. direct or indirect, in the Contract. nor shall anv such member, official. or anployee participate in anv decision relating to the Contract which aftccts hss perso^al interests or the interests of anv corpoi anon. partnership. or association in ~~hich he'shc is, directly or indirectly, interested.'~'o member. official, oremployeeoi the Commission shall be personally liable to the Developer. or anv successor in interest. i^ the crept of anv default or breach h~ the Commission or for anv amount ~~~hich may become due to the Dcreloper or successor ar assign or on anv obli~~~~ticros under the terms oi~the Contract. B. Recordation. This ConUact shall be rccorclcd in the oftlce of the St. Joseph County Recorder immediately subsequent to its execution. C. Eciual Fmploti~ment O~~purtunit~. The Dc~elol7cr, for itself and its successors and assigns. agrees that during the construction of the Project: The Developer gill not discriminate against anv employee or applicant for anplovmcnt because of race. color. religion. sex, or national origin. The Deg eloper agrees to post in conspicuous places. available to employees and applicants for emhloyinent. notices setting torch the provisions of this nondiscrimination clause. ?. The Dcrdoper dill ,talc. in all solicitations or advertisements 1i~r employees placed by or on behalf of the Developer. that all yuuliticd applicants ~~~ill recci~ c consideration (or employment ~~ithout rc~aard to race. color. religion. sex. or national origin. l