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DRAFT 4.5.2022 including but not limited to all claims of any kind arising out of the negotiation, Developer consideration, execution and performance of this Agreement between the parties. Nothing contained in this Section 30 is intended to prevent the exercise of any rights available pursuant to this Agreement. 31. Modifications and Waivers. No purported amendment, modification or waiver of any provision of this Agreement shall be binding unless set forth in a written document signed by both the EDA and the Developer (in the case of amendments or modifications) or by the party to be charged thereby (in the case of waivers). Any waiver shall be limited to the 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. 32. Restrictions on Use. The Developer agrees that prior to the issuance of a Certificate of Completion and Release of Forfeiture, the Developer and its successors and assigns: (a) shall use the 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. 33. 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. 34. Use of Broker. Mark Hulse and Douglas Harris with RE/MAX Results Commercial Group are the sole brokers in this transaction. Buyer shall pay three percent (3%) commission of the total sales price to broker. Buyer shall defend, indemnify and hold the Authority harmless from any brokerage fees or claims made against the Authority. 35. Recording. The EDA may record this Agreement and any amendments thereto among the County land records. 36. Assignment. The Developer may not assign any of its obligations under this Agreement without the prior written consent of the Authority. 37. No Additional Waiver Implied by One Waiver. hi the event any covenant or agreement contained in this Agreement should be breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 17 DOCSOPEN\MU205\53\788760.v5-4/5/22