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ARISING FROM THE RELATIONSHIP WHICH IS THE SUBJECT OF THIS <br /> COMMITMENT AND AGREES THAT ANY SUCH ACTION OR PROCEEDING SHALL <br /> BE TRIED BEFORE A COURT AND NOT BEFORE A JURY. <br /> 9. Liabilitv of the Authoritv. In no event shall the Authority be liable to Sponsor for <br /> consequential or incidental damages, including,without limitation, lost profits,whatever the nature <br /> of the breach by the Authority of its obligations under this Letter or in connection herewith. <br /> 10. Fundin . The parties acl�owledge that this Grant is to be funded with monies <br /> provided by H[JD, and that the Authority is under no obligation to authorize such funds for any <br /> disbursement of Grant proceeds unless and until all necessary preconditions to disbursement set <br /> forth in the Grant Documents shall have been satisfied to the Authorit s satisfaction and that <br /> � � <br /> significant time delays might result from the funding of such monies by HUD. Without limiting <br /> the generality of Paragraph 9 above, in no event shall the Authority be liable to Sponsor for any ' <br /> damages whatsoever which might result in whole or in part from any delays in funding any <br /> proceeds of the Grant. <br /> 11. Indemnification of the Authoritv. The Sponsor hereby agrees to indemnify the <br /> Authority and hold it harmless from and against any and all claims, actions, damages, costs, <br /> liabilities and expenses, including without limitation attomeys' fees, incurred by the Authority in <br /> connection with any Residence or Project or occasioned wholly or in part by any act or omission of <br /> Sponsor, its officers, directors, partners, agents, contractors, employees or tenants. In case the <br /> Authority shall, without fault on its part, be made a party to any litigation commenced by or <br /> against the Sponsor, then the Sponsor shall protect and hold the Authority harmless and shall pay <br /> all costs, expenses and attorneys' fees incurred or paid by the Authority in connection with such <br /> litigation. The obligations of Sponsor under this Paragraph 11 shall survive the making of the <br /> Grant. <br /> 12. Additional Reauirements. <br /> a. The Sponsor agrees not to commit unlawful discrimination in employment in the <br /> state as that term is used in the Illinois Human Rights Act (775 ILCS 5/1-101 et se�c.). The <br /> Sponsor further agrees to take affirmative action to ensure that no unlawful discrimination is <br /> committed. <br /> b. The Sponsor certifies that it has a written sexual harassment policy which includes, <br /> at a minimum, the following information: (i)the illegality of sexual harassment; (ii)the definition <br /> of sexual harassment under state law; (iii) a description of sexual harassment, utilizing examples; <br /> (iv)the Sponsor's internal complaint process, including penalties; (v) the legal recourse, <br /> investigative and complaint process available through the Human Rights Department and the <br /> Human Rights Commission (the "Commission"); (vi)directions on how to contact the Human <br /> Rights Department and the Commission; and (vii)protection against retaliation as provided by <br /> Section 6-101 of the Human Rights Act. A written copy of the policy shall be provided to the <br /> Authority upon request. <br /> c. The Sponsor certifies that it will at all times, in the performance of this Agreement, <br /> comply with all federal, state and local laws and regulations. <br /> 8 <br />