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20 DOCSOPEN\MU205\50\716385.v4-4/22/21 circumstance or event specifically referenced in the written waiver document and shall not be deemed a waiver of any other term of this Agreement or of the same circumstance or event upon any recurrence thereof. Section 9.10. Restrictions on Use. The Developer agrees that prior to the issuance of the Certificate of Completion and Release of Forfeiture, the Developer and its successors and assigns: (a) shall use the Development Property solely for the purpose of constructing and operating the Minimum Improvements pursuant to the terms of this Agreement; (b) shall not discriminate upon the basis of race, color, creed, sex, national origin, or any other classification prohibited by law in the lease, rental, use or occupancy of any portion of the Minimum Improvements on the Development Property or any improvements erected or to be erected thereon, or any part thereof; and (c) shall otherwise comply with the restrictions on use set forth in this Agreement. Section 9.11. Titles of Articles and Sections. Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.12. Attorneys’ Fees. Whenever any Event of Default occurs and if the non- defaulting party shall employ attorneys or incur other expenses for the collection of payments due or to become due, or for the enforcement of performance or observance of any obligation under this Agreement, the defaulting party shall, within ten days of written demand by the other, pay to the non-breaching party the reasonable fees of such attorneys and such other expenses so incurred. Section 9.13. Governing Law; Venue. This Agreement shall be construed in accordance with the laws of the State of Minnesota. Any dispute arising from this Agreement shall be heard in the State or federal courts of Minnesota, and all parties waive any objection to the jurisdiction thereof, whether based on convenience or otherwise. Section 9.14. Entire Agreement. This Agreement constitutes the entire agreement between the parties pertaining to its subject matter and it supersedes all prior contemporaneous agreements, representations, and understandings of the parties pertaining to the subject matter of this Agreement. This Agreement may be modified, amended, terminated, or waived, in whole or in part, only by a writing signed by all of the parties. Section 9.15. No Broker. The EDA represents that it has not engaged any real estate broker in connection with the sale of the Development Property. The Developer also represents that it has not engaged any real estate broker in connection with the sale of the Development Property. Each party shall defend, indemnify and hold the other harmless from any brokerage fees or claims made against the other and caused by the indemnifying party’s actions or dealings. Section 9.16. Recording. The EDA may record this Agreement and any amendments thereto among the County land records. Section 9.17. Additional Documents. The EDA and the Developer agree to cooperate with the other and their representatives regarding any reasonable requests made subsequent to the execution of this Agreement to correct any clerical errors in this Agreement and to provide any