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]0. No recourse under or upon any obligation, covenant, or agreement of this <br />Agreement or for any claim based thereon or otherwise in respect thereof shall be had against the <br />appointed or elected public officials of the City or the Commission or their respective officers. <br />agents, and employees, in any amount subject to the terms and conditions herein. and no liability. <br />right or claim at law or in equity shall attach to or shall be incurred by the public officials of the <br />City. the Conmmission or their respective officers, agents, and employees and all such claims are <br />hereby expressly waived and released as a condition of and as a consideration for the execution <br />of this Agreement by the Commission, provided such elected officials, officers, agents, and <br />employees are acting pursuant to lawful authority and are uniformly enforcing and/or <br />administering the laws, ordinances, practices and procedures of the City and the Commission. <br />No recourse under or upon any obligation covenant or agreement of this Agreement or for any <br />claim based thereon or others-ise in respect thereof shall be had against the officers, agents, <br />employees, or Directors of WHIT in any amount subject to the terms and conditions herein. <br />l 1. if any portion of this Agreement, or its application to any person; entity, or <br />property. is held invalid or unenforceable, the application or validity of any other portion of this <br />Agreement shall not he affected. <br />l2. The Parties shall each bear their own costs and expenses with respect to <br />this Agreement and the other matters contemplated hereby, including, without limitation, the fees <br />and expenses of their respective legal counsel. <br />13. This Agreement shall be construed in accordance with the laws of the <br />State of Indiana. <br />14. This Agreement may be executed in more than one counterpart which, <br />when executed, shall together constitute one agreement. <br />IN WITNESS WHEREOF; the Parties have duly executed this Agreement as of <br />the date first above written. <br />Michiana Publ~c •oadcasting Corporation <br />By: Mar rues re <br />Its: Manager <br />ATTEST: <br />South Bend Redevelopmen mmission <br />,~ <br />By: arcia ones rest ent <br />Its: <br />BY~ Sh' ' to BY <br />lts: the President & General Manager Its: <br />Gibnc~• WNI"I`shRcdvWNITBFinalver, doe <br />I 1 20 OX <br />ATTEST: <br />J l ~~.c~ <br />Paee 4 of 12 <br />