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9. The Grantor and the Grantee agree that the provisions of this Agreement shall be <br />binding upon, apply to and inure to the benefit of the Grantor and the Grantee and their respective <br />heirs, legal representatives, successors and assigns. <br />10. The Grantee represents and warrants that it has all requisite corporate authority to <br />enter into this Agreement. <br />11. The Parties agree to take such actions, including the execution and delivery of <br />documents and instruments, as may be necessary or appropriate to carry out the terms and intent of <br />this Agreement and to aid and assist each other in carrying out the terms and intent. <br />12. 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 Grantor, the City of South Bend (the "City") or the <br />South Bend Redevelopment Commission (the "Commission") or their respective officers, agents, <br />and employees, in any amount subject to the terms and conditions herein, and no liability, right or <br />claim at law or in equity shall attach to or shall be incurred by the public officials of the Grantor, <br />the City, the Commission or their respective officers, agents, and employees and all such claims <br />are hereby expressly waived and released as a condition of and as a consideration for the execution <br />of this Agreement by the Grantor, provided such elected officials, officers, agents, and employees <br />are acting pursuant to lawful authority and are uniformly enforcing and/or administering the laws, <br />ordinances, practices and procedures of the City and the Commission. <br />13. If any portion of this Agreement, or its application to any person, entity or property, <br />is held invalid or unenforceable, the application or validity of any other portion of this Agreement <br />shall not be affected. <br />14. The Parties shall each bear their own costs and expenses with respect to this <br />Agreement and the other matters contemplated hereby, including, without limitation, the fees and <br />5 <br />