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SECTION 9. MISCELLANEOUS. 9.1 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or the application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. 9.2 Other Necessary Acts. Each Party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to accomplish the Project contemplated by this Agreement and to provide and secure to the other Parties the full and complete enjoyment of its rights and privileges hereunder. Notwithstanding the foregoing, the Parties understand and agree that certain actions contemplated by this Agreement may be required to be undertaken by persons, agencies or entities that are not a party to this Agreement, including, but not limited to certain permits, consents and/or approvals (to the extent they have not yet been obtained and completed), and that any action by such third parties shall require 1 independent approval by the respective person, agency,entity or governing body thereof. 9.3 Waiver of Jury Trial. The parties acknowledge that disputes arising under this Agreement are likely to be complex and they desire to streamline and minimize the cost of resolving such disputes. In any legal proceeding, each party irrevocably waives the right to trial by jury in any action, counterclaim, dispute or proceeding based upon, or related to the subject matter of this Agreement. This waiver applies to all claims against all parties to such actions and proceedings. This waiver is knowingly, intentionally and voluntarily made by both parties. 1 9.4 Attorneys' Fees. In the event of any litigation, mediation or arbitration between 1 the Parties regarding an alleged breach of this Agreement, none of the Parties shall be entitled to j any award of attorney's fees. 9.5 Equal Employment Opportunity. Company, for itself and its successors and assigns,agrees that during the construction of the Project: (a) Company will not discriminate against any employee or applicant for S employment because of race, color, religion, sex, or national origin. Company agrees to 1 post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause;and (b) Company will state, in all solicitations or advertisements for employees placed by or on behalf of Company, that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 9.6 Titles of Articles and Sections. Any titles of the several parts, sections, and paragraphs of this Agreement are inserted for convenience or reference only and shall be I disregarded in construing or interpreting any of its provisions. I 1 9.7 Counterparts. This Agreement may be executed in counterparts, all of which shall j be deemed originals. 1 I