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7 <br />within a reasonable time. In the event of a default or breach that remains uncured for <br />longer than the period stated in the foregoing sentence, the non-defaulting Party may <br />terminate this Agreement, commence legal proceedings, including an action for specific <br />performance, or pursue any other remedy available at law or in equity. All the Parties’ <br />respective rights and remedies concerning this Agreement and the Property are <br />cumulative. <br />15.DISPUTE RESOLUTION; WAIVER OF JURY TRIAL <br />Any action to enforce the terms or conditions of this Agreement or otherwise concerning <br />a dispute under this Agreement will be commenced in the courts of St. Joseph County, <br />Indiana, unless the Parties mutually agree to an alternative method of dispute resolution. <br />The Parties acknowledge that disputes arising under this Agreement are likely complex <br />and they desire to streamline and minimize the cost of resolving such disputes. In any <br />legal proceeding, each Party irrevocably waives the right to trial by jury in any action, <br />counterclaim, dispute, or proceeding based upon, or related to, the subject matter of this <br />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 <br />Parties. <br />16.INDEMNITY <br />The Parties agree to reimburse each other for any and all liabilities, claims, penalties, <br />forfeitures, suits, and the costs and expenses incident thereto (including costs of defense <br />and settlement), which either party may subsequently incur, become responsible for, or <br />pay out as a result of a breach by the other party in default of this Agreement. In the event <br />of legal action initiated by a third party as a result of a breach of this Agreement, the <br />breaching party shall assume the defense of the non-breaching party, including all costs <br />associated therewith. <br />17.WAIVER <br />Neither the failure nor any delay on the part of a Party to exercise any right, remedy, <br />power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any <br />single or partial exercise of any right, remedy, power, or privilege preclude any other or <br />further exercise of the same or of any right, remedy, power, or privilege with respect to <br />any occurrence be construed as a waiver of any such right, remedy, power, or privilege <br />with respect to any other occurrence. No waiver shall be effective unless it is in writing <br />and is signed by the party asserted to have granted such waiver. <br />18.SEVERABILITY <br />If any term or provision of this Agreement is held by a court of competent jurisdiction to <br />be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement <br />shall continue in full force and effect unless amended or modified by mutual consent of <br />the Parties.